Surviving Cancer...and Your Career
Many people simply aren't sure how to react when a person they work with gets cancer. They may be scared, worried, or just not understand what a cancer diagnosis entails. And unfortunately, outdated notions still persist that cancer is a death sentence, that cancer is contagious, or that cancer makes workers less productive. All are untrue.
Revolutionary advances in cancer treatments are resulting in thousands-if not millions-more cancer survivors who are living longer, healthier and extremely fulfilling lives. And if they were working before their diagnosis, their jobs likely remained open to them after treatment ended, their careers remained on track, and financial stability soon returned to normal.
In fact, according to the National Cancer Institute, eighty percent of people with cancer return to work after their diagnosis. Furthermore, studies have shown that, contrary to popular belief, cancer survivors are just as productive with no more time off than their "healthier" counterparts.
And yet, about 1 in 4 cancer survivors experience some form of employment discrimination.
While returning to work is difficult enough after a vacation, it can be especially challenging after an extended absence which involved treatment for cancer. Much of the difficulty will not even be job-related; rather, it will likely be people-related.
It is important to realize that many people still misunderstand cancer, especially if the disease has not directly touched someone close to them. Therefore, in the beginning you may have to take some time to simply talk with your coworkers about your illness and recovery. If you need help, ask your manager or someone in human resources for assistance. Your company may even be able to sponsor an educational program, make literature available, or have discussions at staff or union meetings.
If you work for a larger company, chances are there will be other cancer survivors who are employed with you. You may want to consider forming a workplace cancer support group to discuss cancer- and job-related issues. If you feel that you are being treated unfairly because of your cancer, there should be administrative remedies that you can take within the company. If these are not satisfactory, there are legal avenues that you can pursue as well.
On July 26, 1992, the employment provisions of the Americans with Disabilities Act (ADA) went into effect. The ADA bans discrimination by both private and public employers against qualified workers who have a current disability or a history of disability. The definition of a disability under the ADA is a physical or mental impairment that substantially limits one or more of the major life activities of an individual.
While the ADA does not specifically mention cancer survivors, past legal rulings have effectively granted them equal protection under the legislation. It is estimated that from 2 - 3 percent of the charges filed and resolved under the ADA have been related to individuals with cancer.
The ADA applies to companies with 15 or more workers. Some of the more important provisions include:
However, the ADA does not unconditionally protect a person's job just because they have a disability. For example, an employer can still terminate an employee with a disability for legitimate business reasons such as a company-wide or departmental downsizing.
The Federal Rehabilitation Act of 1973 also provides protection against disability discrimination. It mandates that federal employers or companies receiving federal funds cannot discriminate against handicapped workers, including cancer survivors. This law protects cancer survivors in hiring practices, promotions, transfers, and layoffs at the federal level.
In August 1993, the Family and Medical Leave Act became federal law. It protects the job security of workers who must take a leave of absence to care for a seriously ill family member or because of their own medical condition. (It also provides for the birth of a child or placement of a child into foster care or adoption.) An employee must have worked 25 hours per week for one year to be covered.
In recent testimony on Capitol Hill, Dr. Francis Collins, Director of the National Human Genome Project, warned of the impending problem of genetic discrimination in the workplace. "You can see the train coming," he told the legislators. "While currently affecting relatively few Americans, [genetic discrimination] will grow rapidly unless something is done."
Breast cancer genes have been in the news for the past decade, and similar genetic markers for other cancers and diseases are rapidly being identified. This process will accelerate exponentially once the many implications of cracking the DNA code are realized.
Commissioner Paul Steven Miller of the Equal Employment Opportunity Commission said the Americans with Disabilities Act can be interpreted to provide at least some protection against employment discrimination based on genetic information. But he said such protections are "limited and uncertain."
Miller said no court has yet found that the ADA covers genetic discrimination. He further noted that three members of the Supreme Court have already indicated their reluctance to find individuals with genetic markers for debilitating diseases covered under the ADA. He was referring to a 1998 decision, Bragdon v. Abbott, in which Chief Justice William Rehnquist raised the issue in his dissent and was joined by Justices Antonin Scalia and Clarence Thomas.
If you're looking for a new job after cancer treatment, it is important to anticipate the concerns that your cancer history may raise. Here are some suggestions from the National Cancer Institute:
· Don't discriminate against yourself. First, take an honest look at your current skills and capabilities. Only apply for jobs you know you can do. · Organize your resume to your best advantage. For example, a chronological resume may raise questions if cancer treatment or recovery interrupted your career. To avoid pointing up those gaps, you might organize your resume by skills or achievements instead of by dates of employment. · Get a letter from your doctor (on office or hospital stationary) that explains your health situation for employers. Have the doctor talk specifically about your physical ability to perform the type of work you are seeking. If you are in good health now, ask the doctor to verify your good health in the letter. The doctor also may include statements about the documented work ability of cancer survivors nationwide. · Don't lie about your cancer history if an employer or an application asks you directly. · Always qualify your "yes" with positive statements about your current health (including the doctor's letter noted above). · Don't volunteer health information if no one asks. You have no legal responsibility to mention your cancer unless it directly relates to the job you seek. · Practice answering possible questions about your health history before an interview. Be confident and avoid sounding defensive.
If you want additional information about the Americans with Disabilities Act, the U.S. Department of Justice has established a toll-free hotline at 1-800-514-0301. Complaints filed under the ADA are handled by the field offices of the Equal Employment Opportunities Commission. You can find a regional office near you by calling 1-800-669-4000.
SOURCES:
The National Cancer Institute (http://www.nci.nih.gov)
The American Cancer Society (http://www.cancer.org)
The Childhood Cancer Survivors Center (http://www.patientcenters.com)
Hearing by the Senate Committee on Health, Education, Labor and Pensions, Washington, DC, July 20, 2000, as reported by cancerpage.com
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