Hi Natalie, 

Thanks for reaching out and I'm sorry that you've been having a hard time getting an interview. Your question brings up some legal issues, so I have sent it off to our legal expert who will get back to you within the next week or so. In the meantime, I would recommend checking out the following resources:

- The US Equal Employment Opportunity Commission's information on the American with Disabilities Act: http://www.eeoc.gov/facts/ada18.html

- The US Department of Labor's information on Disability Employment Policies: http://www.dol.gov/odep/

- Job Search Toolkit: http://www.cancerandcareers.org/publication_orders/new

Please let us know if you have any other questions.

Best,

Sarah, Manager of Programs, Cancer and Careers 

Hi Natalie,

You raise some very important questions.  Under the law, generally you are not required
to disclose information about your medical status.  The Americans with Disabilities Act (ADA)
does provide protection against discrimination based on a disability, as well
as reasonable accommodations for eligible employees.  In order to use the protections of the ADA
you may need to disclose some information about your medical condition.  In order to be eligible for protection against
discrimination and/or a reasonable accommodation, the private employer must
have 15 or more employees, you must be qualified for the job, and you must have
a disability.  The definition of
disability under the ADA is “a physical or mental impairment that substantially
limits a major life activity.”  If all of
those requirements are met and you feel that you would need a reasonable accommodation,
then you may want to consider indicating that you have a disability on the
application.  Alternatively, if you are
able to skip that question you can wait to address this issue at a later point
in the hiring process.  For more
information about the ADA and looking for a job, I suggest reviewing Cancer and
Careers Living and Working with Cancer
booklet: http://www.cancerandcareers.org/publication_orders/new.  You may also find this Quick Guide to the ADA useful: http://triagecancer.org/wp-content/uploads/2014/06/Triage-Cancer-ADA-Handout.pdf

As a side note, if you were to get an interview, potential
employers are not legally permitted to ask about any disabilities.  However, not all employers are aware of this,
so it may be worthwhile for you to be prepared as to how you would answer
questions about your facial paralysis. 
Cancer and Careers has some wonderful tools to help with preparing for
an interview: http://www.cancerandcareers.org/en/looking-for-work

I hope this helps.  Best of luck with your search!

Sincerely,

Monica
Bryant, Esq.

Cancer
Rights Attorney

COO, Triage
Cancer

Please note that the above information is designed to provide
general information on the topics presented. It is provided with the understanding
that the expert is not engaged in rendering any legal or professional services
in the information provided above. The information provided should not be used
as a substitute for professional services.

The EEOC website clearly states "An employer also may not ask job applicants if they have a disability (or about the nature of an obvious disability)" yet even Mass General Hospital's application process asks whether you are disabled.  Yes, No or I'd rather not say.  How can a place like this get away with that kind of violation?

Hi Judy,

Unfortunately we do hear stories like this, which is why it's so important for survivors to know what laws protect them, what they are (and aren't) required to disclose in an interview, and how to be prepared if these questions are asked (even though they shouldn't be). Despite the fact that this question is prohibited by law, it doesn't mean that some employers won't ask it. Here are our tips for how to handle it in an interview if it comes up: http://www.cancerandcareers.org/en/looking-for-work/resume-gap

Best,

Sarah, Manager of Programs, Cancer and Careers

Hi Sarah,

Thanks for your response.  I'm confused about what I'm reading regarding jobs
requiring pre-employment health screening.  I understand that an employer can't
ask about a disability before an offer, but once an offer is made are people
required to come clean to the employee health nurse or fill out the form that
says "Do you have a history of.....heart disease/diabetes/cancer/thyroid
disease...."  If you don't check the box, could you later be fired for not
having been honest?  Even though health information is supposed to be kept
separate from a regular personnel file, I've heard that the company might inform
your new boss/manager of your condition.   Any information/advice would be
appreciated - thanks!

Hi Judy,

Of course! I'm not a legal expert so can't provide an answer to your question, but the following resources should have information that will help you:

- Your Legal Rights in the Workplace: http://www.cancerandcareers.org/en/at-work/Legal-and-Financial/Cancer-and-the-ADA-FMLA
- National Cancer Legal Services Network: http://www.nclsn.org/
- Top Three Legal Questions About Employment: http://www.cancerandcareers.org/en/at-work/Legal-and-Financial/top-three-legal-questions
- Finding Legal Assistance: http://www.cancerandcareers.org/en/at-work/Legal-and-Financial/Finding-Legal-Assistance

Best,

Sarah, Manager of Programs, Cancer and Careers

For what it's worth, I saw my oncologist yesterday and asked her opinion.  She brought the social worker in and we all discussed it. The doctor basically said don't cop to anything. If you're well enough to do the job, don't say anything.  They also didn't see any benefit from admitting to a disability either. When I voiced my concern about not being truthful on an application that could later come back to bite, she said she would be willing to write a letter that she had advised me to do so, though not sure how helpful that would be at that point.

Thanks for following-up Judy! It's always good to get different opinions on these matters and to talk to your doctor and social worker about it. It sounds like you have a good plan in place. If you do want a legal opinion at some point, as I mentioned earlier, I would recommend getting in touch with the National Cancer Legal Services Network: http://www.nclsn.org/

Best,

Sarah, Manager of Programs, Cancer and Careers