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Providing Workplace Accommodations for Employees Affected by Cancer

TL;DR During National Breast Cancer Awareness Month, employers play a critical role in supporting employees with cancer by offering reasonable accommodations such as flexible work schedules, modified duties, and remote work options. These accommodations not only help organizations comply with the Americans with Disabilities Act (ADA), the Family and Medical Leave Act (FMLA), and other employment regulations, but also foster an inclusive and supportive workplace environment.

Team Disclo
October 7, 2024

Breast cancer remains one of the most widespread cancers globally, impacting millions of individuals each year. National Breast Cancer Awareness Month emphasizes the importance of providing recognition and tangible support to those diagnosed with breast cancer. A crucial part of this support is the implementation of workplace accommodations that address the unique challenges faced by cancer patients and survivors during treatment and recovery, ensuring their ability to thrive in both their personal and professional lives.

The Workplace Impact of Breast Cancer

Prevalence and Challenges

Breast cancer affects approximately 1 in 8 women, and while less common, men can also develop the disease. A cancer diagnosis can bring a range of physical, emotional, and cognitive challenges that significantly impact an employee’s capacity to perform their job. Side effects from treatments such as chemotherapy, radiation, or surgery—like fatigue, cognitive impairments, and physical limitations—are common hurdles. Providing thoughtful, individualized accommodations, such as flexible schedules, modified responsibilities, or workplace adjustments, is crucial. These accommodations not only help employees maintain their well-being throughout treatment and recovery but also enable them to continue contributing effectively in the workplace.

Common Workplace Accommodations for Employees with Cancer

Flexible Work Schedules and Adjusted Duties

One of the most impactful accommodations for employees undergoing cancer treatment is flexibility in their work schedule. This could involve allowing time off for medical appointments, adjusting hours to accommodate fatigue, or offering part-time work to help manage energy levels. Temporary modifications to job duties, such as reducing physically demanding tasks or reassigning non-essential responsibilities, can also support employees in balancing their health and work commitments.

Workspace Modifications

Physical adjustments to the workspace can be critical for employees experiencing side effects from cancer treatment. Accommodations might include providing ergonomic furniture, adjusting desk heights, or ensuring that the workspace is accessible for employees with mobility impairments. These modifications promote comfort and focus, allowing employees to continue performing their roles effectively while managing their health.

Unpaid Leave and Remote Work

For those needing extended time off for treatments like surgery or recovery, the Family and Medical Leave Act (FMLA) offers up to 12 weeks of unpaid, job-protected leave. This ensures employees can prioritize their health without the fear of losing their job. Remote work is another option that provides flexibility for employees undergoing follow-up treatments or needing to limit physical activity. It enables them to continue contributing to the workplace while managing their health from a more comfortable environment. Both federal laws, like the ADA and FMLA, and various state regulations guide employers in handling these accommodation requests. 

Comprehensive Legal Protections for Employees with Cancer

Employees diagnosed with cancer are safeguarded by several critical laws that ensure they are protected from discrimination and provided with the necessary accommodations to perform their jobs effectively. In the private sector, The Americans with Disabilities Act (ADA) requires employers to make reasonable accommodations, ensuring that employees with cancer can continue working while managing their treatment. In the public sector, the Rehabilitation Act mandates similar protections for employees working in government agencies or for federally funded programs. These laws are designed to ensure employees with cancer receive the support they need to thrive in the workplace.

By ensuring compliance with these laws, employers not only provide essential support to employees but also mitigate legal risks. This approach reinforces the importance of accommodating employees undergoing cancer treatment and creates a more inclusive, supportive work environment for all.

Navigating Undue Hardship

Employers are legally obligated to provide accommodations unless doing so would result in an "undue hardship." The ADA encourages employers and employees to work together in a collaborative process to explore reasonable, creative solutions that address both the employee's needs and the operational requirements of the business.

Undue hardship refers to accommodations that would cause significant difficulty or incur substantial expense in relation to the organization’s size, resources, or operational structure. Each accommodation request must be carefully evaluated on a case-by-case basis, taking into account factors such as the financial impact, available resources, and the feasibility of the accommodation.

That said, courts typically expect employers to demonstrate a good-faith effort in providing reasonable accommodations that do not place excessive strain on the business. Employers are encouraged to explore alternative solutions, engage in open dialogue with employees, and consider creative approaches that strike a balance between meeting the employee’s needs and maintaining operational efficiency.

Engaging in the Interactive Process

The Equal Employment Opportunity Commission (EEOC) encourages employers to engage in the interactive process when responding to accommodation requests. This process involves discussing the employee’s specific limitations and needs, obtaining medical information from the employee’s health care provider, and exploring how the employer can offer support. Resources like the Job Accommodation Network offer valuable guidance on what types of accommodations may be reasonable.

It’s important to document these discussions, as this helps ensure compliance with employment laws and demonstrates the employer’s commitment to meeting legal obligations under the ADA and other relevant employment rights frameworks.

Supporting Employees Beyond Legal Obligations

Creating a Culture of Compassion and Awareness

Supporting employees with cancer goes beyond simply complying with legal mandates. A truly supportive workplace fosters a culture of empathy and awareness, promoting understanding among co-workers and management alike. National Breast Cancer Awareness Month is an excellent opportunity to raise awareness about cancer's impact on individuals and their families. By sharing resources from trusted organizations like the American Cancer Society and the U.S. Department of Labor, employers can educate their workforce, encouraging a more inclusive and compassionate environment.

Emotional and Mental Well-Being

The emotional toll of cancer can be overwhelming, and providing mental and emotional support is crucial. Offering access to counseling services, support groups, and health insurance benefits that include mental health care can significantly impact employees’ well-being. Flexibility in sick leave and caregiver resources for family members further demonstrate an employer's commitment to holistic support during this difficult time.

The Impact of Accommodations: Engagement and Retention

Accommodating employees with cancer not only fulfills legal obligations but also plays a critical role in talent retention and engagement. Employees who feel supported during challenging periods are more likely to remain loyal and productive. Offering reasonable accommodations reinforces an organization's commitment to diversity, equity, and inclusion, while creating a positive work culture.

Providing accommodations is also a safeguard against legal risks. Failure to comply with the ADA or similar laws can lead to legal challenges, including those brought by the U.S. Equal Employment Opportunity Commission. Proactively ensuring compliance protects employers from costly litigation while enhancing their reputation as a fair and inclusive workplace.

Final Thoughts and Key Action Steps

National Breast Cancer Awareness Month is an ideal time to reassess workplace practices and take proactive steps in supporting employees with cancer. Offering reasonable accommodations such as job adjustments, workspace modifications, or unpaid leave under FMLA can make a meaningful difference in employees’ lives as they navigate their diagnosis and treatment.

For additional guidance, employers can turn to the Job Accommodation Network (askjan.org), the Equal Employment Opportunity Commission (EEOC), and the American Cancer Society. These resources provide valuable information on creating a compliant and supportive work environment that addresses the unique needs of employees facing cancer.

Related Resources

[Read] Understanding Undue Hardship and the Complexities of Workplace Accommodations Under the ADA

Breast cancer remains one of the most widespread cancers globally, impacting millions of individuals each year. National Breast Cancer Awareness Month emphasizes the importance of providing recognition and tangible support to those diagnosed with breast cancer. A crucial part of this support is the implementation of workplace accommodations that address the unique challenges faced by cancer patients and survivors during treatment and recovery, ensuring their ability to thrive in both their personal and professional lives.


The Workplace Impact of Breast Cancer


Prevalence and Challenges

Breast cancer affects approximately 1 in 8 women, and while less common, men can also develop the disease. A cancer diagnosis can bring a range of physical, emotional, and cognitive challenges that significantly impact an employee’s capacity to perform their job. Side effects from treatments such as chemotherapy, radiation, or surgery—like fatigue, cognitive impairments, and physical limitations—are common hurdles. Providing thoughtful, individualized accommodations, such as flexible schedules, modified responsibilities, or workplace adjustments, is crucial. These accommodations not only help employees maintain their well-being throughout treatment and recovery but also enable them to continue contributing effectively in the workplace.


Common Workplace Accommodations for Employees with Cancer


Flexible Work Schedules and Adjusted Duties

One of the most impactful accommodations for employees undergoing cancer treatment is flexibility in their work schedule. This could involve allowing time off for medical appointments, adjusting hours to accommodate fatigue, or offering part-time work to help manage energy levels. Temporary modifications to job duties, such as reducing physically demanding tasks or reassigning non-essential responsibilities, can also support employees in balancing their health and work commitments.


Workspace Modifications

Physical adjustments to the workspace can be critical for employees experiencing side effects from cancer treatment. Accommodations might include providing ergonomic furniture, adjusting desk heights, or ensuring that the workspace is accessible for employees with mobility impairments. These modifications promote comfort and focus, allowing employees to continue performing their roles effectively while managing their health.


Unpaid Leave and Remote Work

For those needing extended time off for treatments like surgery or recovery, the Family and Medical Leave Act (FMLA) offers up to 12 weeks of unpaid, job-protected leave. This ensures employees can prioritize their health without the fear of losing their job. Remote work is another option that provides flexibility for employees undergoing follow-up treatments or needing to limit physical activity. It enables them to continue contributing to the workplace while managing their health from a more comfortable environment. Both federal laws, like the ADA and FMLA, and various state regulations guide employers in handling these accommodation requests. 


Comprehensive Legal Protections for Employees with Cancer

Employees diagnosed with cancer are safeguarded by several critical laws that ensure they are protected from discrimination and provided with the necessary accommodations to perform their jobs effectively. In the private sector, The Americans with Disabilities Act (ADA) requires employers to make reasonable accommodations, ensuring that employees with cancer can continue working while managing their treatment. In the public sector, the Rehabilitation Act mandates similar protections for employees working in government agencies or for federally funded programs. These laws are designed to ensure employees with cancer receive the support they need to thrive in the workplace.

By ensuring compliance with these laws, employers not only provide essential support to employees but also mitigate legal risks. This approach reinforces the importance of accommodating employees undergoing cancer treatment and creates a more inclusive, supportive work environment for all.


Navigating Undue Hardship

Employers are legally obligated to provide accommodations unless doing so would result in an "undue hardship." The ADA encourages employers and employees to work together in a collaborative process to explore reasonable, creative solutions that address both the employee's needs and the operational requirements of the business.

Undue hardship refers to accommodations that would cause significant difficulty or incur substantial expense in relation to the organization’s size, resources, or operational structure. Each accommodation request must be carefully evaluated on a case-by-case basis, taking into account factors such as the financial impact, available resources, and the feasibility of the accommodation.

That said, courts typically expect employers to demonstrate a good-faith effort in providing reasonable accommodations that do not place excessive strain on the business. Employers are encouraged to explore alternative solutions, engage in open dialogue with employees, and consider creative approaches that strike a balance between meeting the employee’s needs and maintaining operational efficiency.


Engaging in the Interactive Process

The Equal Employment Opportunity Commission (EEOC) encourages employers to engage in the interactive process when responding to accommodation requests. This process involves discussing the employee’s specific limitations and needs, obtaining medical information from the employee’s health care provider, and exploring how the employer can offer support. Resources like the Job Accommodation Network offer valuable guidance on what types of accommodations may be reasonable.

It’s important to document these discussions, as this helps ensure compliance with employment laws and demonstrates the employer’s commitment to meeting legal obligations under the ADA and other relevant employment rights frameworks.

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Supporting Employees Beyond Legal Obligations


Creating a Culture of Compassion and Awareness

Supporting employees with cancer goes beyond simply complying with legal mandates. A truly supportive workplace fosters a culture of empathy and awareness, promoting understanding among co-workers and management alike. National Breast Cancer Awareness Month is an excellent opportunity to raise awareness about cancer's impact on individuals and their families. By sharing resources from trusted organizations like the American Cancer Society and the U.S. Department of Labor, employers can educate their workforce, encouraging a more inclusive and compassionate environment.


Emotional and Mental Well-Being

The emotional toll of cancer can be overwhelming, and providing mental and emotional support is crucial. Offering access to counseling services, support groups, and health insurance benefits that include mental health care can significantly impact employees’ well-being. Flexibility in sick leave and caregiver resources for family members further demonstrate an employer's commitment to holistic support during this difficult time.


The Impact of Accommodations: Engagement and Retention

Accommodating employees with cancer not only fulfills legal obligations but also plays a critical role in talent retention and engagement. Employees who feel supported during challenging periods are more likely to remain loyal and productive. Offering reasonable accommodations reinforces an organization's commitment to diversity, equity, and inclusion, while creating a positive work culture.

Providing accommodations is also a safeguard against legal risks. Failure to comply with the ADA or similar laws can lead to legal challenges, including those brought by the U.S. Equal Employment Opportunity Commission. Proactively ensuring compliance protects employers from costly litigation while enhancing their reputation as a fair and inclusive workplace.


Final Thoughts and Key Action Steps

National Breast Cancer Awareness Month is an ideal time to reassess workplace practices and take proactive steps in supporting employees with cancer. Offering reasonable accommodations such as job adjustments, workspace modifications, or unpaid leave under FMLA can make a meaningful difference in employees’ lives as they navigate their diagnosis and treatment.

For additional guidance, employers can turn to the Job Accommodation Network (askjan.org), the Equal Employment Opportunity Commission (EEOC), and the American Cancer Society. These resources provide valuable information on creating a compliant and supportive work environment that addresses the unique needs of employees facing cancer.

Related Resources

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