Frequently Asked Questions by Dana Hess, Civil Rights Investigator, Washington State Human Rights Commission One in three persons will be diagnosed with cancer in his or her lifetime.
More than 10 million people in the United States are living with cancer. Sixty-five percent (65%) of adults diagnosed with cancer today will be alive five years from now.
Job applicants with cancer do not have to tell their employer about their medical history or illness unless they need a reasonable accommodation during the application process. An employer would have the burden of proving that an employee would have been laid off during the FMLA leave period and, therefore, would not be entitled to restoration. The ADAAA retained the basic definition of disability, but significantly broadened its scope, by designating that “major life activities” include basic activities like walking, reading, bending and communicating, and basic bodily functions, which covers disorders of the immune system, bowel, bladder, and reproductive system.
Title I of the Americans with Disabilities Act requires employers of 15 or more employees to provide an equal opportunity to qualified individuals.
It prohibits discrimination in various aspects of employment.
An employer must accommodate an employee's condition when the impairment is "known or shown through an interactive process to exist in fact," and the impairment has a substantially limiting effect on one of the following: The duty to provide reasonable accommodation is a fundamental statutory requirement because of the nature of discrimination faced by individuals with disabilities.
Although many individuals with disabilities can apply for and perform jobs without any reasonable accommodations, there are workplace barriers that keep others from performing jobs which they could do with some form of accommodation.
Also, the Breast Cancer Patient Protection Act of 2003 requires most group and health insurance plans to provide coverage for a minimum 48-hour hospital stay for breast cancer patients who undergo mastectomies.