Breast cancer is a devastating diagnosis that not only impacts a person’s health but can also affect their professional life. Employees with breast cancer may require job accommodations to help them balance their treatment and work responsibilities. When these requests are denied, the impact is far-reaching, and it may lead to a violation of their rights. Under the Americans with Disabilities Act (ADA), employers are required to make reasonable accommodations for employees with disabilities, including those who have breast cancer. If these accommodations are denied without reasonable cause, it may be a form of disability discrimination.
What Are Job Accommodations? 
Job accommodations are changes made in the workplace to help an employee with a disability perform their job effectively. These changes are intended to ensure that an employee can carry out their essential job functions, even when their disability affects their ability to perform certain tasks. Job accommodations can vary greatly depending on the nature of the disability and the work environment.
For an employee undergoing treatment for breast cancer, accommodations may include allowing more flexible working hours, providing time off for medical appointments, offering modified tasks, or providing breaks to manage side effects of treatment. These accommodations are necessary not only for the employee’s well-being but also for ensuring that they can continue to contribute to their workplace without undue hardship.
The Legal Basis for Job Accommodations
The ADA requires employers with 15 or more employees to provide reasonable accommodations to individuals with disabilities unless doing so would cause significant difficulty or expense for the employer. Breast cancer, classified as a disability under the ADA, qualifies individuals for such accommodations. When a person is diagnosed with breast cancer, they may experience physical limitations, fatigue, or other symptoms that interfere with their ability to work in the same capacity as before. Under the ADA, the employer must make necessary adjustments to help the employee maintain their job role.
In the context of breast cancer, reasonable accommodations might include more frequent breaks, permission to work from home, or adjustments to job duties to avoid physically strenuous tasks. The employer must engage in a dialogue with the employee to determine what accommodations would be most beneficial, ensuring that the employee has access to the resources they need to succeed in the workplace.
What Happens When a Request for Accommodation is Denied?
When an employee requests accommodation due to a medical condition like breast cancer, the employer is legally obligated to engage in an interactive process. This means that both the employer and the employee should work together to identify feasible solutions. If an employer denies an accommodation without considering alternatives, this could potentially lead to claims of discrimination.
Denial of accommodations for breast cancer patients often happens in one of two ways. In some cases, the employer might refuse to engage in the interactive process, ignoring the employee’s needs altogether. In other instances, the employer may agree to an accommodation but offer one that is unreasonable or does not address the employee’s needs effectively. In both scenarios, the employee is left without the necessary support to manage their medical condition while continuing their job.
If the denial of accommodation is unjustified, it can amount to disability discrimination under the ADA. The employee may then have grounds to file a discrimination claim. For instance, if the employer refuses to provide reasonable accommodations like flexible working hours or time off for medical appointments, it could be argued that the employer is failing to meet its obligations under the ADA.
How Do Denied Accommodations Lead to Discrimination Claims?
The ADA is designed to prevent discrimination against employees with disabilities. This protection includes the right to request reasonable accommodations to perform their job duties. If an employer denies a request for accommodation, it might be seen as discriminatory, especially if the employee can demonstrate that the denial prevents them from performing essential job functions.
For employees with breast cancer, the impact of not receiving necessary accommodations can be significant. Without accommodations, an employee may not be able to attend medical appointments or may be too fatigued to continue performing their tasks effectively. If the employer refuses to grant accommodations and this leads to the employee’s inability to do their job, it may constitute discrimination. For instance, refusing to allow an employee to take time off for surgery or not providing adequate rest periods for chemotherapy could lead to claims of retaliation or discriminatory practices.
Understanding the ADA’s Interactive Process
The ADA requires employers to engage in an interactive process with the employee once an accommodation request is made. This process involves a back-and-forth discussion to understand the employee’s needs and determine possible accommodations. The goal is to find a reasonable accommodation that allows the employee to perform the essential duties of their job without unnecessary difficulty or hardship.
In the case of breast cancer, the interactive process might involve the employee discussing their treatment plan and how it affects their ability to work. The employer should consider a variety of accommodation options, such as changing job responsibilities temporarily, allowing for part-time work, or offering remote work options. The employee and employer should mutually agree on an accommodation that is both reasonable and effective.
If the employer refuses to participate in this interactive process or dismisses the request without a valid reason, the employee may be able to file a claim with the Equal Employment Opportunity Commission (EEOC) or in state court. In some instances, the lack of willingness to engage in the process could be considered evidence of discriminatory intent, as it suggests that the employer is not making a good faith effort to provide reasonable accommodations.
What to Do When Facing a Denial of Accommodation
When an employee with breast cancer is denied accommodations, they may feel helpless, especially if they have followed the necessary steps in requesting assistance. The first step is to document the accommodation request, any responses from the employer, and any communication regarding the denial. Keeping a record of these interactions will be important in any legal proceedings that may follow.
The next step is to formally request a meeting with the employer or HR to discuss the accommodation further. During this meeting, the employee can ask for a clear explanation of why their request was denied and what alternative accommodations might be available. It is important to keep the conversation professional and focused on finding a solution that works for both the employee and the employer.
If the situation is not resolved in the meeting, the employee may need to explore their legal options. It is crucial to consult with an attorney who specializes in employment law, particularly disability discrimination, to understand the best course of action. A legal professional can help the employee file a complaint with the EEOC or take other necessary steps to protect their rights.
Seeking Legal Help When Necessary
When all else fails, seeking legal advice is essential. Disability discrimination cases can be complex, and having an experienced attorney by your side will ensure that you are fully informed of your rights. An attorney specializing in workplace discrimination or ADA compliance can help you navigate the legal process and may be able to negotiate with your employer to secure the accommodations you need.
If the case proceeds to court, the employee may be entitled to back pay, emotional distress damages, and compensation for the denial of accommodations. In some cases, punitive damages may also be awarded if the employer’s actions were particularly egregious. Legal action can be a lengthy process, but it can also be an essential step to ensure that employees with breast cancer are not discriminated against in the workplace.
Breast cancer affects millions of people every year, and those diagnosed with the disease should not have to face discrimination in the workplace. Employers have a legal obligation to provide reasonable accommodations under the ADA, and denying those accommodations could lead to claims of disability discrimination. Employees with breast cancer should be proactive in requesting accommodations and should understand their rights under the law. If accommodations are denied, it is essential to document the situation and seek legal counsel to ensure that their rights are protected.
For assistance with disability discrimination claims or more information on how we can help you with a workplace accommodation issue, contact The Myers Law Group. Our team is dedicated to ensuring your rights are upheld in the workplace.
