We recently discovered a great resource from the U.S. Equal Employment Opportunity Commission’s (EEOC) website that we wanted to share: Questions & Answers about Cancer in the Workplace and the Americans with Disabilities Act (ADA).
This page includes various types of information regarding the following topics:
- An introduction to the ADA and the EEOC
- General information about cancer
- How the ADA applies to cancer and how cancer survivors can use the ADA
- Ways in which employers can accommodate employees with cancer
- Concerns about safety
- Harassment
- How to file a charge of employment discrimination
Some examples of important questions addressed on the page are:
- Prior to making an offer, is an employer allowed to ask a job applicant whether he has (or had) cancer or about his treatment related to cancer?
- Does the ADA require an applicant to disclose that she has (or had) cancer or some other disability before accepting a job offer?
- If an applicant voluntarily reveals that he has (or had) cancer, is an employer allowed to ask any follow-up questions?
- If an employee is on leave due to cancer, is an employer allowed to require that person to provide documentation or have a medical exam before allowing her to return to work?
- If an employee has lost a significant amount of weight or appears fatigued, is an employer allowed to explain to co-workers that the employee has cancer?
- What types of reasonable accommodations might employees with cancer need?
- How does an employee with cancer request a reasonable accommodation?
You can also check out our article “Your Legal Rights in the Workplace: Cancer and the ADA, FMLA.”
And for additional information on reasonable accommodations, watch the video from our recent Balancing Work & Cancer webinar on “Working Through Treatment.”