Cancer and ADA in the Workplace: EEOC Releases New Q & A
Today, the EEOC released a Q and A sheet on Cancer and ADA in the workplace. My quick review of this document did not reveal anything particularly new, but it certainly provides a nice review and comments on issues that may be somewhat unique to cancer.
Specific issues addressed in the document include:
When is cancer a disability under the ADA?
May an employer ask a job applicant whether he has or had cancer or about treatment related to cancer prior to making a job offer?
If an employee has lost a lot of weight or appears fatigued, may an employer explain to co-workers that the employee has cancer?
May an employer request documentation when an employee who has cancer needs a reasonable accommodation?
Is an employer required to remove one or more of a job’s essential functions to accommodate an employee with cancer?
May an employer explain to other employees that their co-worker is allowed to do something that generally is not permitted (such as work at home or take periodic rest breaks) because she has cancer?
Some answers are:
When is cancer a disability under the ADA?
Cancer is a disability under the ADA when it or its side effects substantially limit(s) one or more of a person’s major life activities. Also, if it has had such an effect in the past or the employer treats the individual as if it does.
May an employer ask a job applicant whether he has or had cancer or about treatment related to cancer prior to making a job offer?
No. An employer may not ask questions about an applicant’s medical condition or require an applicant to have a medical examination before it makes a conditional job offer. This means that an employer cannot ask an applicant questions such as:
whether she has or ever had cancer;
whether she is undergoing chemotherapy or radiation or taking medication used to treat or control cancer (e.g., Tamoxifen) or ever has done so in the past; or,
whether she ever has taken leave for surgery or medical treatment, or how much sick leave she has taken in the past year.
If an employee has lost a lot of weight or appears fatigued, may an employer explain to co-workers that the employee has cancer?
No. Although the employee’s co-workers and others in the workplace may be concerned about the employee’s health, an employer may not reveal that the employee has cancer.
May an employer request documentation when an employee who has cancer needs a reasonable accommodation?
Yes. An employer may request reasonable documentation where a disability or the need for reasonable accommodation is not obvious. An employer, however, is entitled only to documentation sufficient to establish that the employee’s cancer is a disability and that explains why an accommodation is needed.
Is an employer required to remove one or more of a job’s essential functions to accommodate an employee with cancer?
No. An employer never has to reallocate essential functions as a reasonable accommodation but can do so if it wishes.
May an employer explain to other employees that their co-worker is allowed to do something that generally is not permitted (such as work at home or take periodic rest breaks) because she has cancer?
No. Telling co-workers that an employee is receiving a reasonable accommodation amounts to a disclosure of the employee’s disability.
Read here for more information!
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