In Triage Cancer's free Quick Guide to Reasonable Accommodations at Work After a Cancer Diagnosis, you'll learn if your employer has to provide you with a reasonable accommodation, what medical information you have to share with your employer, examples of accommodations that might be helpful, how to ask for an accommodation, and more!
The Americans with Disabilities Act (ADA) is a federal law that provides eligible individuals with disabilities protection against discrimination. Title I of the ADA provides protections in the workplace for individuals with disabilities. The ADA also provides some employees with the additional benefit of access to reasonable accommodations.
“A physical or mental impairment that substantially limits one or more major life activities.” Note: When deciding if you have a disability under the ADA, keep in mind that sometimes it is not the brain tumor itself that substantially limits a major life activity, but rather the side effects of treatment (e.g., nausea, cognitive difficulties, fatigue, neuropathy, depression, etc.) that limit one or more major life activities.
More information about how to determine if you have a disability under the ADA
“Activities that an average person can perform with little or no difficulty.” Major life activities include:
The ADA provides protections during all phases of employment (including during the job application process) and when all employment-related decisions are being made, including hiring, firing, pay and benefits, promotions, job assignments, bonuses, training opportunities, and leaves of absence.
“An accommodation is any change in the work environment or in the way things are customarily done that enables an individual with a disability to enjoy equal employment opportunities”
Reasonable accommodations can be changes in work space, work schedules, or policies, that help you continue to do your job or return to work. Remember that when thinking about possible accommodations that might work for you, that they have to still be “reasonable.” And, one accommodation might not address all of the challenges you are facing, so you can request more than one accommodation.
Yes, if you are eligible under the ADA or a state fair employment law. However, an employer does not have to accommodate you, if the employer can show that the accommodation you are requesting would be an undue hardship or would post a direct threat. An undue hardship is when providing the reasonable accommodation would cause the employer significant difficulty or expense. A direct threat is when there is a “significant risk of substantial harm to health or safety of self or others that cannot be eliminated or reduced by reasonable accommodation.”
Your employer is entitled to a medical certification from a health care provider to show why you need a reasonable accommodation. However, your employer doesn’t necessarily need to know about your brain tumor if you don’t want to share that information. If you are concerned about disclosing your brain tumor diagnosis with your employer, there are options for protecting your privacy. Your employer only needs as much information as necessary to show that you are eligible for a reasonable accommodation. For example, if you are experiencing neuropathy as a side effect, the health care provider could focus on discussing the neuropathy on the medical certification form, and not include information about your brain tumor diagnosis.
Reasonable accommodations can be grouped into these categories:
The reasonable accommodation that will work best for you will depend on the challenges you are dealing with, your job responsibilities, and your workplace. For help determining which accommodations might be useful, the Job Accommodation Network (JAN) has a Searchable Online Accommodation Resource (SOAR) system. JAN also offers experienced consultants who can discuss specific accommodation needs with you, confidentially.
The ADA does not require that you ask for a reasonable accommodation from a specific person, such as a
supervisor, another superior, or a human resources (HR) representative. However, it is a good idea to check your employers’ policies, typically found in an employee handbook, to see if your employer has a specific process for requesting reasonable accommodations. If your employer doesn’t have a process, you can decide if you want to start by asking your supervisor or if you want to talk with an HR representative.
When you make your request, you do not have to specifically mention the ADA or use the words “reasonable accommodation.” Your request does not need to be in writing, but you may decide that you want the record of your request. If you decide not make your request in writing, you can follow up any conversations with an informal email or a more formal letter or contract confirming what was agreed upon. Remember your current supervisor may not always be your supervisor.
Once you make a request, you and your employer are supposed to engage in the “interactive process.” The Equal Employment Opportunity Commission (EEOC) describes the interactive process as the way to negotiate and come to an agreement on an effective reasonable accommodation.
Your need for an accommodation may change over time. For example, you may need a flexible work schedule while you are going through treatment, but once you are done with treatment the accommodation that would be more helpful are additional rest periods during the day. Part of the interactive process requires that you and your employer monitor accommodations to ensure that they are still effective, and if not, start the process over to identify a new effective accommodation.
Generally, you should ask for a reasonable accommodation when you realize that you need one to effectively complete your job responsibilities. If you delay the request and your job performance suffers, your employer may make a decision to let you go based on your poor job performance. But you may be able to avoid this situation, if you ask for a reasonable accommodation to help you effectively complete your job responsibilities.
Generally speaking, your employer cannot share information about your medical condition or that you have asked for, or received, a reasonable accommodation. But keep in mind that if you ask your supervisor for an accommodation, your supervisor may take your request to HR. And, in turn, HR might share information with company leaders as appropriate. If you start with HR, because you do not want your supervisor to know about your medical condition, then HR can only share with your supervisor that you are getting an accommodation, not why. Co-workers may ask why you are receiving an accommodation, but your employer can only confirm that you are getting an accommodation, not share information about your medical condition.
No, employers are not legally required to provide employees who are acting as caregivers with reasonable accommodations. However, many employers recognize the benefit to keeping a valued employee and avoiding the costs associated with finding a replacement. Therefore, many of the strategies discussed above can be useful options for caregivers as well.
All states have some version of a state fair employment law. Many provide similar protections as the ADA does; however, some have a broader definition of disability and some cover private employers with fewer than 15 employees. For more information about your state’s law, visit TriageCancer.org/StateLaws.
For information about reasonable accommodations:
Last reviewed for updates: 01/2022
Disclaimer: This handout is intended to provide general information on the topics presented. It is provided with the understanding that Triage Cancer is not engaged in rendering any legal, medical, or professional services by its publication or distribution. Although this content was reviewed by a professional, it should not be used as a substitute for professional services. © Triage Cancer 2022
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