It's not bad enough that you may have cancer. You may still encounter discrimination on the job, despite amendments to the Employees with Disabilities Act.
The American Journal of Managed Care cites a new study published in the Journal of Oncology Practice which finds that despite changes to the EDA in 2009 that sought to protect employees with cancer in remission from encountering disability-based discrimination, the trend continues.
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Originally the ADA did not protect employees with cancer once their cancer went into remission, so even if they were suffering the long-term effects of the disease they could not file a complaint. However, under changes made to the law in 2009, employees whose disabilities are well-managed or in remission, as long as the impairment "substantially limits a major life activity" while active, became eligible to seek the protection of the ADA if they were subject to discrimination in hiring, to harassment or to termination.
The study, using data from the Equal Employment Opportunity Commission, investigated the quantity of allegations filed both before and after the ADA amendments by employees with a history of cancer, as well as the types of allegations and the proportion that were found to have merit in court. The claims were filed during two different periods: from 2001–2008 and from 2009–2011.
Not only do researchers find that employees were more likely to file allegations concerning employment terms (such as denying promotions or forcing retirement) or workplace relations (such as harassment or intimidation) after the amendments went into effect, they also find that courts were more likely to find allegations about employment terms to have merit after the amendments were enacted.
The categories of hiring, reasonable accommodation and termination, they find, did not change significantly between the two periods; court findings of merit for the categories of workplace relations, hiring, reasonable accommodation and termination remained steady.
The study indicates employees with a history of cancer continued to file allegations under the ADA at the same pace or higher after the law was amended, which researchers say is consistent with earlier studies' findings on workplace challenges for those with cancer. Among those challenges, for instance, might be the frustration of employers and coworkers at the patient's reduced productivity or missed time due to illness; in addition, "patients can feel isolated in the face of cancer-related stigma."
The study finds an oncology care team "can play an important role and would be a welcomed addition" when it comes to workplace accommodations, since earlier research shows that workers and employers have a hard time agreeing on these adjustments to an employee's schedule or duties due to a "discrepancy in expectations."
"The status quo regarding cancer and work is insufficient to meet the needs of certain employees and employers despite the ADA Amendments Act," the study authors write. "Patients would benefit from proactive involvement of the oncology care team."
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