How The Americans With Disabilities Act Helps Employees With Breast Cancer - Black Enterprise
Many employees fighting breast cancer struggle to balance their health and careers, and the Americans with Disabilities Act (ADA) is designed to protect them from workplace discrimination in these situations.
Under federal law, the ADA protects the rights of individuals with disabilities in the U.S., including those affected by breast cancer, BreastCancer.org reports. Because the ADA defines a disability as a mental or physical condition that substantially limits a significant life activity, breast cancer often qualifies as a protected disability, explains Monica Bryant, a cancer rights attorney and chief mission officer at Triage Cancer.
Title I of the ADA prohibits employers from discriminating against qualified employees with disabilities. It also mandates that employers provide reasonable accommodations to enable these individuals to perform their job duties effectively. Because Black women are about 40% more likely to die from breast cancer than white women—despite being diagnosed at slightly lower rates—understanding their rights under the ADA is especially critical.
The ADA protects qualified employees with breast cancer from workplace discrimination at every stage of employment, including:
- hiring and training
- job assignments
- pay and raises
- benefits and promotions
- tenure
- firing and layoffs
To be covered under the ADA, an employee must be able to perform the essential functions of their job, typically the duties outlined in the original job description, with or...
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