There is no doubt that surviving cancer is a difficult and life changing experience. Employment issues are one of many hurdles a person faces when dealing with a serious illness. As a lawyer, I see these issues unfold first hand. I can say with certainty that many employers who face employment lawsuits related to cancer survivors could have been prevented with better communication and collaborative efforts.
What employment-related legal protections are there for people who are diagnosed with cancer, undergoing cancer treatment, or living after cancer treatment? The protections vary, but as a general point, employers should not and in most cases cannot treat you differently because of cancer. The bulk of protections come in the form of medical leave laws (Oregon Family Leave Act and the Family Medical Leave Act) and disability laws. There are also various insurance and benefits-related laws that may impact your situation.
For example, just last week, the EEOC announced a $125,000.00 settlement reached for a woman fired after she attempted to return following medical leave for breast cancer. (Read press release here)
Because employment circumstances and medical conditions vary drastically on a case-by-case basis, it is almost always important that you contact an experienced employment attorney to discuss how to minimize the impact your illness has on your work situation. When parties work together to address illness and its effects at work, many issues can be resolved and lawsuits can be avoided.
