A cancer diagnosis is a devastating, life-altering event for many individuals.
However, thanks to advances in medical treatments over the past few decades, this diagnosis doesn’t necessarily mean an end to your professional life.
Navigating a federal career while living with cancer can understandably seem daunting to employees. Fortunately, federal disability law can offer some support, including the right to reasonable accommodations to help you perform your job while managing your condition.
This blog post will clarify the legal rights around cancer reasonable accommodations for federal employees.
Our federal reasonable accommodation attorneys discuss who qualifies for disability protections, what work accommodations for cancer patients look like, and how to request the accommodations you need.
Learn how our legal team can help you by calling (800) 801-0598 or reaching us online today.
Is Cancer Considered a Disability?
Generally, many individuals with cancer can be considered to have a disability.
Cancer is a disease involving abnormal cells that develop rapidly in a part of the body. As these abnormal cells grow out of control, they destroy the body’s healthy cells and tissue.
Cancer can also affect people of all age groups, although older people are generally at a higher risk of developing it. Treatment options include surgery, chemotherapy, bone marrow transplants, and other medication-based therapies.
Both cancer and its treatment can have painful and disruptive side effects for patients, including:
- Fatigue,
- Breathing difficulties,
- Nausea,
- Pain,
- Executive-function difficulties,
- Weight loss, and
- Changes in bowel or bladder habits.
However, these effects can vary depending on the specifics of a patient’s case.
Is Cancer a Disability Under the ADA?
The Americans with Disabilities Act (ADA) is a federal law protecting qualified individuals from workplace discrimination based on their medical condition. Although the ADA covers disability protections for private-sector employees, federal workers get these rights through another law, the Rehabilitation Act of 1973 (Rehab Act).Â
Neither the ADA nor the Rehab Act have a strict list of medical conditions that do or don’t qualify as disabilities.
Instead, federal law defines disability as a physical or mental condition that impairs someone in at least one major life activity, such as:
- Breathing,
- Walking,
- Speaking,
- Hearing,
- Concentrating,
- Learning, or
- Operating major bodily functions.
A cancer diagnosis alone doesn’t automatically qualify an employee for disability protections. However, suppose that an employee faces limitations in major activities because of their disease or its treatment. In that case, they can receive benefits under federal disability law, including reasonable accommodations in the workplace.
Cancer patients have the right to workplace accommodations even if their condition is currently in remission or managed with medication. As long as you would suffer limitations if your condition were active, you can request accommodations under the ADA and Rehab Acts.
What Are Reasonable Accommodations for Cancer?
An accommodation is a change to the work environment that helps an employee with cancer perform their job despite their limitations. Reasonable accommodations can take many different forms, depending on your job duties and the issues you’re facing from your condition.
Examples of cancer reasonable accommodations for federal employees include:
- Adjusted work schedule—allowing flexible hours to avoid episodes of nausea, offering additional breaks for rest or bathroom use;
- Changes to workstation—ergonomic chairs, air filters, temperature controls, easier bathroom or refrigerator access;
- Tools or technology—anti-fatigue mat, leaning stool, screen-reading software, extra lighting;
- Policy changes—allowing employees to wear a hat or scarf, providing additional written instructions or time for projects;
- Removing non-essential duties—reducing or eliminating strenuous activity, shifting tasks to other employees;
- Unpaid leave—time for doctor’s appointments or treatment outside of allotted paid sick days; and
- Remote work—option to work from home temporarily or several days per week.
Importantly, federal law doesn’t guarantee you’ll get your first-choice accommodation. Although your employer must consider requests for accommodations, they don’t have to grant a request that poses an undue financial or administrative burden on their operations.
How Do I Ask for Workplace Accommodations for Cancer?
Getting a workplace accommodation is a more informal, interactive process than many employees expect. Your employer can request that a medical professional verify your diagnosis and limitations, but they must keep private records of your medical history and condition.
Reflect on Your Condition
Consider the specific ways your cancer symptoms or treatment interferes with your job duties. What potential changes, tools, or supports could help you overcome those limitations?
Draft a Request
Accommodation requests can be verbal, but it’s best to have them in writing for documentation. Describe in detail your impairments and your preferred accommodations.
You don’t necessarily need to tell your employer your exact cancer diagnosis to receive a recommendation if you can give enough specific detail about your functional limitations.
Discuss Options
After reviewing your request, your employer will generally meet with you to discuss ways to address your needs. You should discuss alternate options if they can’t fulfill a specific accommodation. You may want to test out potential accommodations temporarily and then meet with your employer again to assess their effectiveness.
Compassionate Advocates Fighting for Federal Employees
At Pines Federal, we understand how overwhelming it can be to navigate your rights in the workplace while trying to manage a challenging diagnosis.
If you’re struggling to get the accommodations you need from your employer, our advocates may be able to help.
Our legal team has over 60 years of combined experience fighting to ensure federal agencies and employers nationwide respect the rights of government workers.
Our lawyers are skilled advocates who exclusively represent federal employees and are prepared to help you.
Contact our office online or call (800) 801-0598 today to learn more.Â