Friday, July 1, 2016

Is my family member protected from workplace discrimination?

88. Is my family member protected from
workplace discrimination?


Legislation, such as the Americans with Disabilities
Act (ADA), protects disabled people from certain
types of workplace discrimination. A person with cancer
or a history of cancer may be protected under the
ADA. However, the ADA is complex, applies only to
companies that meet specific criteria, and has other
limitations. Other federal laws (such as the Federal
Rehabilitation Act, the Family and Medical Leave
Act, and the Employee Retirement and Income Security
Act) and state laws also exist to protect employees
with health issues. Aspects of these laws likewise pertain
to health insurance coverage, particularly the
Comprehensive Omnibus Budget Reconciliation Act
(COBRA), which makes group insurance policies
provided by certain employers available to employees,
even those who have quit, been terminated, or work
fewer hours. To learn more about work concerns and
legislation, consult a social worker or purchase the
National Coalition for Cancer Survivorship’s publication,
“Working It Out: Your Employment Rights As
a Cancer Survivor”.

Another helpful resource is the Cancer Legal
Resource Center (CLRC), which operates out of the
Loyola Law School and Disability Rights Legal Center
in Los Angeles. Through their bilingual Spanish/
English toll-free telephone assistance line and Web
site, the CLRC answers personal questions about
cancer-related legal issues and provides information
about how to access affordable legal resources for people
to be effective self-advocates for their rights.

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