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Some former cancer patients still face workplace discrimination

On Behalf of | Apr 25, 2017 | Workplace Disability Discrimination

People in Florida that once had cancer might still face some workplace discrimination despite the 2009 amendments to the Americans with Disabilities Act that are intended to protect them. The Journal of Oncology Practice published a study that found that since those amendments were enacted, employees were more likely to file claims dealing with workplace relations and employment terms. The number of claims concerning termination, hiring and reasonable accommodation was relatively unchanged. After the amendments passed, courts were more likely to conclude that claims pertaining to employment terms had merit and roughly equally inclined to find that claims in the other categories had credence.

When the Americans with Disabilities Act was passed in 1990, it applied to people who faced discrimination in the workplace based on their disabilities. However, it still did not protect those individuals whose cancer was in remission but continued to face discrimination based on long-term effects of the disease. In 2009, amendments were passed to the ADA to protect people who had disabilities that were either well-managed or in remission but nonetheless interfered with at least one major life activity.

Researchers concluded that oncologists have a role to play in helping employers come to an understanding about the limitations their workers may face. Particular areas of frustration for employers center around individuals who have had cancer in the past missing a lot of work and exhibiting reduced rates of productivity.

A person who believes he or she is facing disability-based discrimination might want to look into Boca Raton workplace disability discrimination law firm help. An attorney may inform his or clients whether they are protected as a result of their disabilities and about their available options. For example, a victim may prefer to speak to a supervisor or human resources at his or her workplace to see if the situation can be resolved internally. If not, a lawyer may be able to assist him or her to file a lawsuit.