Lymphoma in the Workplace

“You do not have to disclose your lymphoma diagnosis to an employer or potential employer. ”

As a lymphoma survivor, you may face challenges when entering or re-entering the workforce, including dismissal, failure to be hired, demotion, denial of promotion or benefits, undesirable transfer, and hostility from co-workers. But you can protect yourself from employment discrimination by empowering yourself with knowledge. In general, you do not have to disclose your lymphoma diagnosis to an employer or potential employer. You have the right to control when and how much medical information you share. And if you are qualified for the job, employment discrimination laws prevent an employer from treating you differently based on your history of lymphoma. Keep lymphoma from defining your career opportunities - educate yourself and take charge of your rights in the workplace.

Disability Insurance

If a medical condition leaves you unable to work, disability insurance can be a lifesaver. You can seek it through the federal/state government or private insurance companies. Federal programs, namely Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI), cater to those who have a disability that has persisted (or will persist) for at least one year, making them unfit to work or adjust to a new job. SSDI pays you and your family benefits if you've worked long enough and paid Social Security taxes, while SSI is for adults and children with disabilities who earn a limited income and have few resources.

For more information on federal disability programs, consult the Social Security Administration (call 800-772-1213 or ssa.gov).

Short-term state disability insurance (6-12 months) is offered in some states (California, Hawaii, New Jersey, New York, and Rhode Island) and the territory of Puerto Rico. Depending on the state program, you can benefit from state and federal insurance. More information is available below:

➡️ California: call (800) 480-3287 or visit edd.ca.gov

➡️ Hawaii: call (808) 586-9188 or visit labor.hawaii.gov/dcd/home/about-tdi

➡️ New Jersey: call (609) 292-7060 or visit nj.gov/labor

➡️ New York: call (800) 353-3092 or visit wcb.ny.gov

➡️ Puerto Rico: call (787) 754-5353 or visit trabajo.pr.gov

Americans with Disabilities Act (ADA)

Are you concerned about how disclosing your cancer diagnosis could affect your job prospects and work life? Under the Americans with Disabilities Act (ADA), employers are prohibited from inquiring about the existence, nature, or severity of cancer until after a job offer has been extended. Even then, such inquiries must be made of all applicants in the same job category. 

Suppose you get hired and need accommodations such as a flexible work schedule or modified job tasks to manage medical appointments and treatment. In that case, you can request these adjustments under the ADA. To do so, you may need to disclose some medical information to your supervisor or human resources department. Your employer may request documentation from a healthcare provider to confirm the need for the requested accommodation. However, you are not required to disclose your cancer diagnosis unless you choose to.

If you're an employee seeking ADA protection, here is what you need to know: First, you have to be qualified for the job – able to perform essential functions with or without reasonable accommodations. Second, you must have a physical or mental condition that substantially limits one or more major life activities, such as breathing, hearing, seeing, talking, and walking. This also includes functions like concentrating and learning, as well as social and professional abilities like working and caring for oneself.

FMLA

The Family and Medical Leave Act (FMLA) is a crucial piece of legislation that provides eligible employees with an unpaid yet job-protected leave in case of a serious health condition. This act applies to private companies with 50 or more employees, as well as the state, local, and federal government agencies. If an employee cannot perform the essential tasks of their job or has to miss work for medical treatment, they are eligible for this leave. Additionally, while on FMLA leave, the employer must continue to provide health insurance. As a result, FMLA is a vital resource for employees who need time off to recover from a serious illness.

Get FMLA protection if you have the following:

- Worked for a covered employer for at least 12 months

- Worked over 1250 hours in the past 12 months 

- Worked at a location where the employer has more than 50 employees within 75 miles.

Once you're eligible, you can take up to 12 work weeks of leave in a 12-month period. Just make sure to request leave 30 days in advance if you know about it, or let your employer know as soon as possible.

For more information on the FMLA, contact your nearest Wage and Hour Division office or visit the FMLA website.

COBRA

COBRA gives workers the right to continue their employer-sponsored health insurance for a limited time after experiencing life events such as job loss, reduction in hours, or transitions between jobs. The law applies to private employers with 20 or more employees and state and local governments.

Keep your insurance for 18 months with COBRA if your employer's plan is covered, you left the job without gross misconduct, or your working hours were reduced.

“It is illegal for an employer to discriminate against you based on your health status. ”

Conclusion

It is illegal for an employer to discriminate against you based on your health status. If you are a lymphoma survivor entering or re-entering the workforce, it is important to empower yourself with knowledge about your rights and protections under federal law. With this information, you can secure employment without fear of discrimination. Additionally, programs such as FMLA and COBRA may provide financial help during your transition. Being aware of your rights can ensure that you are treated fairly in the workplace.

The information provided is not intended as a substitute for professional legal advice. If you need more assistance, we recommend speaking with an attorney.