Q. I am looking for legal advice about my job. Because of my treatment I had for cancer, I can not drive. My job wants me back in the office full time. I have been working from home this past year. My husband has to drive me to work and that is one hour with out traffic and I go in the office 2 times a week. Starting in September I was told I had to start working full time in the office knowing I have nerve damage to my feet / legs and I get cramps. Please help.
I’m sorry to hear that your job is not being more supportive of your needs during post-treatment. Given your cancer diagnosis you should be protected by the Americans with Disabilities Act or ADA. This law applies to any employer with 15 or more employees and protects against job discrimination for people with cancer and people who had cancer in the past that may still be impacting their ability to work. According to the ADA, as long as you are able to perform the essential functions of your job, your employer must make reasonable accommodations. If you can do your job from home, it would be a reasonable accommodation for your employer to allow you to continue working remotely. You should discuss this accommodation with your HR department, letting them know your situation and that you would like to request a reasonable accommodation under the ADA. If your HR department refuses to make this accommodation you could reach out to your local Legal Aid office or any of the resources below for additional assistance:
The Cancer Legal Resource Center
Cancer Legal Resource Center (CLRC) is a program of the Disability Rights Legal Center (DRLC), a 501C-3 non-profit, public interest advocacy organization that champions the civil rights of people with disabilities as well as those affected by cancer and other serious illness. DRLC’s Cancer Legal Resource Center provides information through its national telephone assistance line, outreach programs and community activities to educate and to support cancer patients, their families, healthcare professionals and advocates on matters like maintaining employment through treatment, accessing healthcare and government benefits, taking medical leave and estate planning.
Triage Cancer is a national, nonprofit organization that provides free education on the legal and practical issues that may impact individuals diagnosed with cancer and their caregivers, through events, materials, and resources.
Resource page: https://triagecancer.org/cancer-resources-and-educational-information
Legal and financial navigation program: https://triagecancer.org/gethelp