Dear
Kevin,

I'm sorry to hear about this issue you're facing, and I hope that the below information will help you figure out your next step.

.

You bring up an important
question of how and when you disclose your medical condition to a potential or
future employer. You are not necessarily required to provide your potential
employer with information about your specific diagnosis, but at some point you
may need to provide enough information about your medical condition in order to
be eligible for a reasonable accommodation under
the Americans with Disabilities Act (ADA) at your workplace.

.

First some basics: the ADA:  the ADA is a federal law that provides protections by preventing
certain employers from making employment decisions based on an employee’s
medical condition, which may include cancer or a side effect related to cancer treatment.  This law only applies to private employers with 15
or more employees and the employee must be qualified for the job in question and have a disability based on the ADA's definition of what one is. If the requirements are met, it may protect against discrimination in situations such as
taking leave from work or requesting reasonable accommodations.  You may also be similarly protected under a state fair
employment law. 

Under the ADA, employers
are required to provide reasonable accommodations to qualified employees with a
disability, as long as the accommodation requested won’t cause the employer an
undue hardship. Reasonable accommodations are changes in your workplace that
will help you to continue to perform your job. For example, having a nearby restroom
might be a reasonable accommodation, depending on your workplace and your job
responsibilities. If you find that you do need an accommodation at work – and
it seems like you think you might – then you may need to share
some information about your medical condition with your employer because in order to
use the ADA’s protections in the workplace, your employer must be aware of your
disability. They can't be discriminating against you if they don't know there is something to be discriminating against. Additionally, you have to be able to justify why you’re entitled to a
private bathroom, which will necessitate sharing some information about your medical
condition. This doesn’t necessarily require that you disclose your exact diagnosis,
just that you have a condition that is causing you to need this accommodation. Your healthcare team will have to provide and medical certification so it is important that you let them know how much information you want to disclose.

  .

Now comes
the question of when to tell.  Under the ADA,
a job applicant is never required to disclose anything about their health or
their medical conditions to a potential employer. In the interview process, the
ADA limits an employer’s ability to make disability-related inquiries before
they make a job offer. So for example they cannot ask “Do you have any medical
conditions?” or “Have you ever had cancer?” They are only allowed to ask, “Can
you perform the essential functions of the job".  If you have a visible disability - for example
if you utilize a wheelchair - they still can’t ask additional questions. And if
your answer is yes, they have to accept that. You are not obligated to disclose to them that you might need a reasonable accommodation after you begin the
job. 

After you
are offered the job, your employer cannot withdraw their offer once your
disability is revealed and you request the reasonable accommodation.  They can withdraw the offer only if it shows
that you’re unable to perform essential functions of the job or that you pose
significant risk of causing substantial harm to yourself or others.

For more
information and suggestions on reasonable accommodations, I would suggest
visiting www.askjan.org.  For more information about the ADA or if you
feel that you are being discriminated against in the job search process, visit www.EEOC.gov.

Feel free to
reach back with any additional questions or concerns. 

Warmly,

Eva LaManna, Esq.

Manager of Programs

Please
note that the above information is designed to provide general information on
the topics presented. It is provided with the understanding that the Cancer and
Careers 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.

Hi Kevin,

Eva has given you a lot of really critical info to understand how the ADA might work for you. Just a couple additional thoughts.  Since you know you will need an accommodation, it might make sense for you to focus your job search on companies that are large enough to be bound by the ADA (meaning looking for work with a company that has 15 or more employees).  In addition, we generally suggest that you request an accommodation when you know you need one but not before.  So if you think it might be something you will require but you aren't sure and it depends on the circumstances of the work environment then you might want to wait to ask for it until you are in the job and can assess.  If, however, you are certain you can't accept a job without the accommodation then you will want to be strategic about when you bring it up.  It probably won't feel right in the initial phone screen or first interview as that is when both sides of the prospective employer/employee relationship are trying to feel out fit, chemistry, skills, job demands, etc. and so it would be a bit premature.  You might want to wait until you have a sense of how interested they are in you (and you in them) or even until they make an offer and then discuss it as part of the negotiations.  There is no one right answer and what is most important is your own comfort, physical and mental.  At some point, you will have to trust your instincts.

Please be in touch with any follow up questions!

Good luck!

Rebecca
Rebecca V. Nellis
VP, Programs and Strategy