Becoming a Semi-Legal Eagle

Sometimes, the more you know, the more you need to know. That is the case with dis-
crimination and breast cancer. Although no one expects you to become an expert—
especially at this time when your top priority is your health—it’s important that you
understand your legal rights in the workplace as a person with breast cancer. Here are
the basics: As of July 26, 1994, the Americans with Disabilities Act (ADA) banned dis-
crimination by both public and private employers against employees who had disabil-
ities. Although it doesn’t specifically identify those with breast cancer as part of that
class, past court rulings included those with cancer.
The Americans with Disabilities Act sets the following guidelines that all employers
must follow:
➤ You cannot treat an employee with disabilities differently than other workers.
➤ A potential employer can ask you medical questions, but only after you have
been offered employment and only if the questions involve a condition that
would relate specifically to your ability to perform the job in question.
➤ A potential employer cannot ask you to take a pre-employment exam used to
screen out those with cancer.
➤ An employee cannot be punished for filing a discrimination complaint.
For your information, section 504 of the Federal Rehabilitation Act of 1973 demands
that you file any complaint of discrimination within 180 days from the time the act
of discrimination occurred. If you’re a federal employee, the deadline is within 30
days. For more information, you can contact the Civil Rights Division of the U.S.
Department of Justice in Washington, D.C., or your nearest EEOC (Equal Employ-
ment Opportunity Commission) office, or call 1-800-USA-EEOC.