Cancer in Remission Constitutes Disability Under ADAAA
With a cancer survivor's protection under the federal Americans with Disabilities Act in question, a federal district court stated recent amendments to the law require cancer to be treated as a covered disability regardless of whether it is at an active or inactive stage.
The case arose when the employee, 13 months after surgery for renal cancer, was told he would need to start working 65 to 70 hours per week. The employee provided a doctor's note saying he was limited to a 40-hour schedule, but he and his employer failed to arrive at a mutually agreeable solution. Noting that the definition of a covered “disability” expanded when the ADA Amendments Act took effect in 2009, the court found that the employee's cancer remained a protected disability even though it was in remission, and he did not need to show that he was substantially limited in a major life activity at the time in question.
For practical guidance on the Americans with Disabilities Act, visit the Job Accommodation Network at www.askjan.org.
Source: BNA Human Resources Library, Bulletin to Management, September 8, 2010
