Cancer is a diagnosis that can bring about a myriad of questions and concerns. One significant question for many workers in New Jersey is whether cancer qualifies as a disability. Understanding your rights and protections under the law can help you navigate this challenging time with greater ease and confidence.
Understanding Cancer as a Disability
Under the Americans with Disabilities Act (ADA), cancer is considered a disability if it substantially limits one or more major life activities. This can include activities such as walking, eating, and working. The ADA’s broad definition means that many people with cancer will qualify for protection from workplace discrimination.
The New Jersey Law Against Discrimination (NJLAD) also provides robust protections for individuals with disabilities, including those with cancer. If your condition affects your ability to perform your job, you have the right to request reasonable accommodations. These accommodations could include flexible working hours, the ability to work from home, or modifications to your work environment.
When considering whether cancer qualifies as a disability, it is important to look at the overall impact on your life and work. Even if you are in remission or your symptoms are controlled, you may still be protected under the ADA and NJLAD. The law recognizes that cancer can have long-term effects that continue to limit your daily activities and work performance.
Accommodations and Protections
If you need accommodations at work due to your cancer diagnosis, communicate your needs to your employer. It is best to do this in writing, clearly stating how your condition affects your job and what accommodations you need. Employers are required to engage in an interactive process with you to find a reasonable accommodation that allows you to perform your essential job functions.
You should also know that you are protected from retaliation. It is illegal for an employer to fire, demote, or otherwise retaliate against you for requesting accommodations or asserting your rights under the ADA or NJLAD. If you experience retaliation, you have the right to file a complaint and seek legal recourse.
While federal and state laws provide significant protections, the process of requesting accommodations and asserting your rights can be complex. Documentation from your healthcare provider can support your accommodation request, detailing how your cancer impacts your ability to work and what modifications are needed.
Navigating these laws can be daunting, but you do not have to do it alone. Legal professionals can provide guidance and support, helping you understand your rights and options. Knowing your protections and how to advocate for yourself can make a significant difference in managing your health and maintaining your employment.
A South Jersey Employment Lawyer at The Law Offices of Leo B. Dubler, III, LLC Can Help You Understand Your Rights
Remember, cancer does not define your capabilities or worth. With the right accommodations and support, you can continue to contribute meaningfully in your workplace. If you have questions or need legal assistance, speak with a South Jersey employment lawyer at The Law Offices of Leo B. Dubler, III, LLC today. Contact us at 856-235-7075 or through our online contact form to schedule your free consultation and learn more about the support and service we can provide. With offices in Mount Laurel and Atlantic City, New Jersey, we proudly serve clients in South Jersey, including Cherry Hill, Burlington County, and Camden County.