Breast Cancer and the Workplace
Among the concerns you face at the outset of a breast cancer diagnosis may be questions relating to your status in the workplace: How much time will I need to take off for surgery and/or follow-up treatment? Will I be able to work full time after treatment? Will my diagnosis affect my current position and future career goals? How much information should I share with my employer and my co-workers? How will this diagnosis affect my health insurance coverage, finances and earning capacity?
The good news is that advances in treatment, increasing survival rates and supportive employment legislation are providing both growing assurance and protection for cancer survivors on the job. And, according to the results of a Pennsylvania State University study released in March 2005, researchers found that although similar numbers of men and women (41 percent of men and 39 percent of women) stopped working during cancer treatment, most of those who returned to work did so during the first year following treatment. Eighty-four percent of cancer survivors surveyed returned to work within four years of their diagnosis.
Moreover, in a review of the literature published in the Journal of the National Cancer Institute Leslie Schover, Ph.D., noted a “positive picture of employment.” Another study reported that 80 percent of women initially employed and disease-free at an average follow up of six years were still working. In a survey performed at the University of Rochester Cancer Center, 92 percent of early-stage breast cancer survivors treated with adjuvant chemotherapy had returned to work within one year after treatment began.
Myths about cancer, however, still do persist in the workplace and, according to information published in the President's Cancer Panel 2003-2004 Annual Report, workplace discrimination may be difficult to prove. Every state has a law that prohibits disability-based discrimination.
The primary Federal laws protecting survivors' employment rights are the Americans with Disabilities Act (ADA) of 1990, the Family Medical Leave Act of 1993 and the Federal Rehabilitation Act of 1973 (amended 1998).
The Act states that:
An employer may not require any pre-employment medical examinations or ask for any medical history, either in a job interview or on an application form.
After a job has been offered, an employer can make medical inquiries or require a medical examination, if this is a standard procedure for all employees. A job offer cannot be withdrawn as a result of the medical inquiry, unless the problem will interfere with the employee's ability to perform her job.
An employer must also provide "reasonable accommodations" to the physical limitations or needs of the employee, such as modifying a work schedule or permitting unpaid leaves for necessary treatment. These obligations, however, must be balanced with the employer's needs for conducting business.
To find out more about your rights and the responsibilities of employers, or to report any problems or discrimination you experience, contact the Equal Employment Opportunity Commission (EEOC).
For more information about the Americans with Disabilities Act, contact the U.S. Department of Justice toll-free information line at 1-800-514-0301 or visit the ADA Web site at www.ada.gov.
Living Beyond Cancer: Finding a New Balance, President's Cancer Panel 2003-2004 Annual Report , May 2004, National Cancer Institute, pg. 11
The information on this page is excerpted from an article that first appeared in Lifeline.
Insurance Considerations
You may find that insurance considerations play an important role in your employment options. Many women who have had breast cancer express frustration about their inability to seek new jobs because many insurance companies refuse to insure individuals with a "pre-existing condition." This can be particularly frustrating at a time when you may want to explore new directions in your life. However, a bill passed in 1997 attempts to address this issue. The Health Insurance Portability and Accountability Act (HIPPA or the Kennedy/Kassebaum law) allows people who have been enrolled in a group health plan for 12 months to be covered by a new group health plan with no exclusions for pre-existing conditions.