There are a million people in the US living with cancer; close to half are working age. After treatment, most people return to work. Unfortunately, about 25 percent of working-age cancer victims experience workplace discrimination. It is not unusual for a cancer survivor to lose benefits, be demoted, or even lose their job. Those who do face discrimination can hire a kidney cancer lawyer to protect their rights.
How the law protects kidney cancer survivors:
In 1990, the Americans with Disabilities Act became law; the act protects those who are limited due to kidney cancer. Pain, depression, and the side effects of cancer treatment are covered if they affect the daily lives of people and cause them to not be able to do their jobs. People living with kidney cancer have inherent rights under the ADA.
- When applying for a position, the prospective employer can question you on your ability to perform the task but cannot ask if you have kidney cancer.
- Your existing employer has the right to inquire about your health but cannot fire you or treat you differently from healthy employees just because you have kidney cancer.
- Because of cancer, your employer is obliged to accommodate any request you make to change positions or work schedule as long as the change does not interfere with the job you do or disrupt the business.
- Your employer can request documentation supporting your cancer-related disability but cannot order you to take medical examinations unless all employees are given the same order.
- Anything you disclose to your employer about your kidney cancer must remain confidential.
If you believe that you are a subject of discrimination, report the act to the Equal Opportunities Commission. If the EEOC sees that there has been a violation of your rights, they will attempt to settle with your employer on your behalf. If a reasonable settlement cannot be reached, you have the right to hire a kidney cancer lawyer and sue your employer for discrimination.
If your employer discriminates against you because you have kidney cancer, you have the right to hire a kidney cancer lawyer and sue for discrimination. To discuss your case, contact Hughes Law Offices. Follow us on Google+.