Listen to the Cancer.Net Podcast: Cancer and the Workplace, adapted from this content.

Key Messages:

• Whether you can work through treatment or return to work after treatment depends on the nature of your work and how quickly you recover, emotionally, physically, and financially.
  
  
• There are ways that your employment is protected if you are unfairly treated because of a cancer diagnosis or cancer treatment.
  
  
• Learning ways to avoid or prevent workplace discrimination can help when you re-enter the workplace after cancer treatment.

Many people need to and are able to continue working during treatment for cancer or return to their jobs after treatment ends. For many cancer survivors, returning to work depends on their financial resources and the type of work that they do. Some people need to work to support the cost of treatment and the costs of daily living for their family. However, others may have more physically challenging jobs that are more difficult to perform when undergoing treatment. Those who are self-employed may find it easier to work through treatment because they can set their work hours based on how they feel, but they also may feel more pressure to continue working if there are few employees to help.

Telling Your Employer

Most people will need to inform their employer about their cancer diagnosis in order to be protected by the Americans With Disabilities Act and the Family Medical Leave Act of 1993 (discussed below). People who are self-employed do not need to tell current or potential clients about their cancer diagnosis or treatment. Of course, that decision is personal.

People who work during treatment or return to work after treatment may encounter obvious or subtle discrimination in the workplace. For example, some employers may assume that a person's productivity will decrease, or that performance will fall below the company's expectations during or after cancer treatment. Cancer survivors may face discrimination when it comes to job promotion and/or transfer. Colleagues may even feel an added responsibility, if they believe their coworker cannot adequately perform the required job duties. Other discrimination may include being demoted for no clear reason, refused a job opening, and finding a lack of flexibility in response to requests for time off for medical appointments. Some people are fortunate to have an understanding workplace and respectful colleagues and supervisors and do not experience workplace discrimination. However, it is important to understand the various ways that you and your employment are protected if you feel you are unfairly treated as a result of the diagnosis or treatment for cancer.

The Americans With Disabilities Act

The Americans With Disabilities Act (ADA), enforced by the Equal Employment Opportunities Commission (EEOC), provides protection and prohibits all discrimination related to a disability, a perceived disability, and a history of disability. The ADA requires employers to make reasonable accommodations in the workplace for qualified individuals with a disability and protects employees from being asked personal questions outside of job-related medical questions. Under the ADA, employers are also prohibited from discriminating against a person whose family member has a disability and are required to treat all employees fairly and equally.

The Job Accommodation Network (JAN) is a free consulting service that provides information about job accommodations, the ADA, and the employability of people with disabilities.

The Family Medical Leave Act of 1993

The Family Medical Leave Act (FMLA) of 1993 provides protection during medical leave (when the employee is ill) and family leave, such as when the employee is caring for a spouse, child, or parent who is ill. It includes the following provisions:

• A total of 12 weeks unpaid leave for serious illness
  
  
• Continued benefits during medical or family leave
  
  
• The option to use accrued annual and sick leave during medical or family leave

The FMLA can only be enforced when certain requirements are met (for example, the employer must have more than 50 employees). However, an employer is not required to hold the position open if a person uses more than 12 weeks of leave in a year. Because states and districts operate differently, a person with cancer may want to contact their local attorney general's office or an employment lawyer for more information.

For more information, read the Department of Labor's fact sheet on FMLA.

The Genetic Information Nondiscrimination Act of 2008

The Genetic Information Nondiscrimination Act (GINA) protects a person from discrimination based on genetic information. More specifically, the act prohibits employers from hiring, firing, or making other changes to a person’s job duties based on that person’s genetic information. It also prohibits employers from requesting or obtaining a person’s, or his or her family’s, genetic information. In addition, it prohibits insurers from requesting a person’s genetic information and using it to determine eligibility or costs.

Learn more about genetics and genetic testing.

What you can do about workplace discrimination

Report the incident. Although you always have the option of filing a legal claim in all cases of discrimination in the workplace, you may also consider the following ways of handling workplace discrimination:

• Before beginning legal action, discuss the situation with your employer, the human resources department, and/or an employee assistance coordinator. Ask what types of reasonable accommodations can be made based on your situation. These accommodations may include flexible work hours, physical accommodations made to your workspace or office, and/or modifications made to your job responsibilities.
  
  
• Seek the advice of a legal expert to identify whether the incident can be classified as an act of discrimination.
  
  
• Seek support from a local cancer support group and your doctor. Other people in the community may have faced similar issues.
  
  
• Keep a detailed, descriptive record of all occurrences of discrimination, including dates, times, locations, people involved, and actions taken.

If you believe an act of discrimination has occurred, the law requires a report of the complaint be sent to a local EEOC office within 180 days of the incident—this is called a statute of limitations, or the deadline for filing a complaint. However, if the act of discrimination is reduced pay because of sex, race, national origin, age, religion, or disability, this statute of limitations may be based on actions other than the original incident. The Lily Ledbetter Fair Pay Act of 2009 states that each time a person is affected by a discriminatory pay decision or action, including when the decision or action begins and each time the person is paid, counts as an act of discrimination. It is recommended that you contact an attorney and/or the EEOC for specific legal information based on the circumstances of the complaint.

Prevent workplace discrimination. Learning ways to avoid or prevent workplace discrimination can help when you re-enter the workplace after cancer treatment.

• Catch-up on new projects or developments since you’ve been gone.
  
  
• Refresh job skills, if necessary, by reviewing past work assignments or attending classes or workshops
  
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• Seek counseling from a professional or support from other cancer survivors about making the transition back to work.
  
  
• Consider asking the doctor for a letter stating your ability to work.
  
  
• If you are seeking employment and submitting a resume, consider highlighting accomplishments and experience, instead of organizing the resume by dates of employment. If asked about a resume gap, have a short, positive response ready, such as “I wasn’t working for health reasons, but that is behind me and I am ready to work.” You are not required to talk about your cancer diagnosis and treatment in a job interview.
  
  
• If you are offered a position and are eligible for health benefits, be truthful about your medical history. If you don’t disclose information about a pre-existing condition, you may not be eligible for full health insurance coverage.
  
  
• As you feel more comfortable about being diagnosed with cancer and receiving cancer treatment, you may want to help make a difference by talking in a straightforward and honest way about the challenges and opportunities facing cancer survivors. This may reduce the likelihood of workplace discrimination.

More Information

Going Back to Work After Cancer

Cancer in Young Adults: Returning to Work After Cancer

Finding a Job After Cancer

Support Groups

Additional resources

Cancer and Careers: Living and Working with Cancer is a resource for working women with cancer.

Lance Armstrong Foundation: Employment Law

Lance Armstrong Foundation: Employment Discrimination