Breast Cancer: Post Treatment: 6 Months Plus: At Work

The Americans With Disabilities Act (ADA) and similar laws provide protection against discrimination because of a serious health condition, and also provide a right to a reasonable accommodation if needed to permit a person with a serious health condition to do their job. The law speaks of a "disability" but defines the "disability" in such a way that you do not need to be wheel chair bound. For a person with a life changing condition, the key is whether it affects daily living.

Whether you are protected by the law or not, the key is to negotiate for what you need. A lawsuit is a last resort.

Whether you need an accommodation or feel you are being discriminated against, it is advisable to take the posture that you are protected and negotiate for what you need. To learn how to negotiate for the accommodation you need, click here.

If necessary, let your employer know that you believe you are being discriminated against because of your health history and that you are aware that people with breast cancer have rights under the Americans With Disabilities Act. While not asserting that you are covered legally, the reminder of the existence of the law may encourage your employer to do the right thing. (Note that we are not suggesting you say you are covered by the law if you are not.)

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