You Have Cancer? Youre Fired!
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These can be tricky cases. There is the matter of showing you meet the definition of disability in the ADA. Then, you must be able to show you can perform work functions if your employer accommodates you. However, your employer can claim that your performance was inadequate before your cancer diagnosis or that it cannot accommodate you without significant expense. These claims must be addressed by an experienced employment law attorney.
Letting your boss know you have cancer can get you fired
The Law Office of Christopher Q. Davis serves New York in the area of employment law and represents cancer patients who have faced discrimination. If you are a victim of disability discrimination situation, contact us today to schedule your free case evaluation by calling Christopher Davis.
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You can share this story by using your social accounts:. Other factors that are used to assess undue hardship for employers are health and safety risks, size and flexibility of the workplace, disruption of existing collective agreements, morale of other employees and interchangeability of workforce and facilities. Undue hardship does not include inconvenience or disruption, or belief by the employer that the cost will be too high. It requires a degree of effort by the employer to explore and make an accommodation. The specific circumstances of the employer will also influence whether undue hardship is an issue.
For example, smaller employers may have fewer resources or jobs available to provide accommodations. As well, the employer is not obligated to create an unproductive position.
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The employee has to be able to do the essential job duties of an existing, restructured or newly assigned position. Once an employer has found a reasonable solution, their legal duty to accommodate is done. It can include those who have, or are perceived to have, a mental or physical disability, whether visible or non- visible, with some degree of permanence.
For example, this does not include a brief event such as a headache but could include cognitive impairment related to a head trauma which interferes with concentration and productivity. While the primary responsibility for the process of reasonable accommodation is with the employer, the employer, employee and unions if applicable all have a duty to cooperate and be reasonable in the accommodation process.
Questions & Answers about Cancer in the Workplace and the Americans with Disabilities Act (ADA)
It is a legal right but requires the employee to cooperate with the process. Provincial and federal anti-discrimination laws help cancer survivors in two ways. First, they discourage discrimination.
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Second, they offer remedies when discrimination does occur. These laws, however, should be used as a last resort because they can be costly, time consuming, and not necessarily result in a fair solution. The first step is to try to avoid discrimination. If that fails, the next step is to attempt a reasonable settlement with the employer. If informal efforts fail, however, legal action may be the most effective next step.
If you are looking for a new job, you can take several steps to lessen the chance that you will face discrimination because of your cancer history:. If you suspect that you are being treated differently at work because of your cancer history, consider an informal solution before leaping into legal action. Managing your finances and healthcare coverage.
When Surgery or Treatment Is Not Successful
Employment Rights of Cancer Survivors. Print Glossary.
How to Avoid Discrimination Provincial and federal anti-discrimination laws help cancer survivors in two ways. If you are looking for a new job, you can take several steps to lessen the chance that you will face discrimination because of your cancer history: Do not volunteer that you have or have had cancer unless it directly affects your qualifications for the job.
An employer has the right to know only if you can perform the essential duties of the job. Do not lie on a job or insurance application. If you are hired and your employer later learns that you lied, you may be fired for your dishonesty. Insurance companies may refuse to pay benefits or cancel your coverage.
Federal and provincial laws that prohibit employment discrimination do not guarantee that employers will refrain from asking survivors about gaps in education or employment. If you are asked a question, give an honest and perhaps indirect answer that emphasizes your current abilities to do the job. Keep the focus on your current ability to do the job in question. Apply only for jobs that you are able to do.