Category: Family Medical Leave Act

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Rights, Protections, and Recovery: Navigating Colorectal Cancer and Your Workplace

Cancer can make you feel like you're going to pieces navigating work and treatment.

In 2024, colorectal cancer is estimated to be the fourth most common cancer in men and women.

Facing a diagnosis of colorectal cancer can be an overwhelming experience, both emotionally and physically. This disease poses significant challenges, often manifesting through distressing symptoms such as changes in bowel habits, rectal bleeding, abdominal discomfort, persistent fatigue, and unexpected weight loss. If you or someone you care about is navigating this journey, it’s vital to understand the treatment options available, the expected recovery times, and your rights for protection at work under U.S. law.

Colorectal cancer treatments vary widely and can include surgery, radiation therapy, chemotherapy, targeted therapy, and immunotherapy, tailored to fit individual health needs. While these treatments have the potential to be life-saving, they often come with a range of side effects—such as pain, extreme fatigue, decreased appetite, and emotional strain—that can necessitate considerable recovery time and support from loved ones. Recovery can be a lengthy process, lasting from a few weeks to several months, and it is essential to approach this journey with compassion for yourself.

You should also know that there are laws designed to protect your rights as an employee during this challenging time. The Federal Family and Medical Leave Act (FMLA), the Americans with Disabilities Act (ADA), and numerous State Family and Medical Leave laws are crucial safety nets for employees facing serious health concerns like colorectal cancer. The FMLA, for instance, may entitle you to take up to 12 workweeks of unpaid, job-protected leave within a year, allowing you to prioritize your health without fear of job loss. Importantly, this law also protects you from retaliation for exercising your rights.

The ADA further supports you by requiring employers to provide reasonable accommodations for employees with disabilities, including those undergoing treatment for colorectal cancer. These accommodations could mean adjusting your work schedule, allowing time off for medical appointments, or creating a more manageable workload. Your health and well-being should come first, and there are provisions in place to ensure you are supported during this time.

On the state level, protections can be even more comprehensive. Some state laws may offer additional benefits, such as wage replacement during your medical leave or broader eligibility for time off.

It’s deeply unjust to face discrimination or termination due to a cancer diagnosis, and the law stands firmly on your side. If you have experienced wrongful termination or discrimination because of your diagnosis or in exercising your rights under the FMLA or ADA, seeking the guidance of an experienced employment law attorney can be a powerful step. This support can help you understand your rights and navigate the necessary actions to safeguard your career and well-being.

Remember, while a cancer diagnosis can be profoundly challenging and disruptive, you are not alone in this battle. There are numerous resources and support systems available to help you through these trying times. By understanding your rights in the workplace, you can find the peace of mind needed to concentrate on your health and embark on your road to recovery. Your well-being matters, and you deserve the support you need.

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Pregnancy Discrimination – Employee Fired After Developing Placenta Previa

Discrimination based on gender stereotypes women with children is illegal. Call gender discrimination lawyers Helmer Friedman LLP.

In a recent case, Castle Hills Master Association and its affiliated property management companies agreed to pay $55,000 and provide other relief to settle a disability discrimination lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC). The lawsuit was filed on behalf of a pregnant resident coordinator who was terminated from her position after developing placenta previa, a pregnancy-related disability requiring bed rest. The employee was subsequently denied her request for a leave of absence, leading to her unlawful termination.

The crux of the case pertains significantly to the Americans with Disabilities Act of 1990 (ADA), which expressly prohibits discrimination based on an individual’s disability, including “pregnancy-related conditions.” The ADA’s protection covers cases where an employee is “treated unfavorably due to pregnancy or a pregnancy-related condition that the employee has.”

The ADA, under Title I, explicitly protects individuals from discrimination in job application procedures, hiring, firing, advancement, compensation, training, and other terms, conditions, and privileges of employment. It reads: “An employer cannot refuse to hire you because of a disability if you can perform the essential functions of the job with an accommodation.” This is directly applicable to the case at hand, where the dismissed employee could have continued her duties with the aid of a reasonable accommodation, in this case, a period of leave.

The ADA further states that employers must provide reasonable accommodation to an employee or job applicant with a disability “unless doing so would cause significant difficulty or expense for the employer.” This law clearly contradicts the actions of Castle Hills and its parent companies, who terminated the resident coordinator’s employment on the grounds of ineligibility for the Family Medical Leave Act (FMLA) or short-term disability benefits.

As proven in this court case, pregnancy discrimination is unlawful and a violation of an individual’s rights under the ADA. Should you, a friend, or a family member experience pregnancy discrimination, it is essential to seek legal counsel. An employment lawyer with experience in this intricate area of law can guide you through the proceedings, ensuring your rights are protected, and justice is served.