Breast Cancer – Employment Law and Disability

Scales of Justice - Law

Cancer is a disability? Eh?  The disability discrimination act (usually shortened to the DDA)  prevents employers from discriminating against people with disabilities in the workforce.  In 2005 the act was extended so that people with cancer were also covered.  This means people with cancer (of any type) have legal protection from discrimination in the workplace.

Unfortunately, not all employers realise that cancer is classed as a disability.  Under this act employers must make “reasonable adjustments” to allow an employee to continue working, if they so wish. A reasonable adjustment could be a gradual return to work, for example as part of a temproary job share or on part-time hours. Employers could also provide additional support with tasks that involve physical work, such as lifting and bending.

Breast cancer care launched the “EMPLOY Charter” in Summer 2008, it is a guide to best practice in the workplace, it gives quotes from women about how they and their employers coped with working and breast cancer.  Some of the suggestions are specific to breast cancer, but many can be applied to all types of cancer.

I like the employ charter because it is clear to understand and gives real life examples. You can download a copy or order a print verstion from their website. Around  4,000 women a year are diagnosed with breast cancer in Scotland, many of them will be working, so please try and pass this information on to someone who might benefit.

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3 comments to Breast Cancer – Employment Law and Disability

  • Sebrina Kuban

    Fired from employment day I went over 12 weeks off for Triple Negative Breast Cancer in Nashville,TN. Have letter where they called me in when I was going through 8 months of chemo Adrimacyin, Cytoxan, and Ixempra and four surgeries. Is this legal? I worked there over 2 years. They fired lots of others for other reasons in hospital that also want to join in but I have been to sick to even deal with this. Im divorced mom that felt like when I was at my worst was terminated and told due to cancer and their insurance and it was best thing for me and I was one of their best employees. This has caused even more depression. It was awful to lose my breasts, lymph nodes under right arm, hair, eyebrows, eyelashes, and had to sell my car and then to be called in and fired. They are psychiatric hospital and I was doing more than my share of work. They had fired my receptionist, they let PA and nurse go and I was trying to fill all these positions and even the cleaning person, they had fired and I was trying to clean and was so sick and got MRSA, not sure if from patient we had in hospital or from having to clean the office and bathrooms and when I found out cancer I still worked but after surgery could not was to weak and sick and I worked with schizophrenic patients and Alzheimer’s patients. I have chemo brain and depression, I guess post traumatic stress from it all now. Seems i”ve lost everything, not just body parts but my mental ability to mulit-task and will to even care or be the person I used to be. Being fired was like the icing on the cake for me.

  • Avril

    I am so sorry to hear of your troubles and yet it does sound like discrimination, but I am not a lawyer and I am not in the US so unfortunately I can’t offer you any practical advice. MRSA is very common so you may have trouble proving that was related to your employment. I hope you are able to find someone to support you through this because you have been treated so poorly. Best Wishes, Avril.

  • Juliet

    Hi sebrina! I read your blog and I really sympathize with how you feel. The same thing happened to me. I returned to work in a hospital and they had advertised my job that I had done on contract while I was out sick with breast cancer. I also had nodes and mastectomy chemo and radiation and into the bargain my husband collapsed with a brain tumour six weeks after I was diagnosed . The two of us ended up on sick leave together with three dependent children . My husband was unable to even walk or drive for some time. We would get up to get them out to school and stay in bed until before they came home. Then we would get dressed and act normal. The sky fell in for me and my family. After all that I lost my job and income weeks after returning to work. The hospital where I worked knew all about my circumstances but did that to me anyway. I had to get out there and get back working or lose my home. Two years on from that I am great. I have survived and my husband also has. I am glad now I don’t work with horrible people like that with no humanity. I tried lawyers but they said my previous employers were within their rights despite being morally rotten. Hang in. Something better is there for you!

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