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Topic: BC, workplace accommodations, EEO/discrimination, etc

Forum: Employment, Insurance, and Other Financial Issues — Employment, insurance, and financial concerns are common. Meet others here to discuss and for support.

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Posted on: Aug 22, 2018 01:40PM

Posted on: Aug 22, 2018 01:40PM

lumpie wrote:

Many of us have encountered workplace "challenges" while confronting breast cancer. There are a number of threads on BC.org which discuss related topics. I thought it might be nice to have a thread that seeks to share press coverage of these issues on an ongoing basis. Links to "self help" resources may also be valuable. While threads aren't a structured research tool, ideally this could serve as a resource for those interested in the topic or trying to do enough research to gain a basic understanding of how workplace rights and responsibilities may apply to them… at least enough to identify relevant issues, frame a discussion and advocate for oneself. Please share resources that you have found useful. "Lessons learned" may be helpful, too. Thanks!

PS: BC.org offers a "Breast Cancer and Your Job" page here: https://www.breastcancer.org/tips/your_job


"We must be willing to let go of the life we have planned, so as to have the life that is waiting for us." "If adventures will not befall a young lady in her own village, she must seek them abroad." "Buy the ticket, take the ride." Dx 2015, DCIS/IDC, Right, 3cm, Stage IIA, Grade 3, 0/1 nodes, ER-/PR-, HER2- Chemotherapy 1/13/2016 Cytoxan (cyclophosphamide), Taxotere (docetaxel) Targeted Therapy 1/14/2016 Herceptin (trastuzumab) Dx 2017, IDC, Stage IV, metastasized to liver, ER-/PR-, HER2- Surgery Lumpectomy; Lumpectomy (Right) Surgery Lumpectomy; Lumpectomy (Right) Radiation Therapy Whole breast: Breast
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Aug 22, 2018 01:42PM lumpie wrote:

Maryland: EEOC Sues Stanley Black & Decker

Stanley Black & Decker Inc., a global diversified industrial company, violated federal law when it terminated an employee with cancer who took leave for medical treatment, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit.

https://www.eeoc.gov/eeoc/newsroom/release/8-17-18...


"We must be willing to let go of the life we have planned, so as to have the life that is waiting for us." "If adventures will not befall a young lady in her own village, she must seek them abroad." "Buy the ticket, take the ride." Dx 2015, DCIS/IDC, Right, 3cm, Stage IIA, Grade 3, 0/1 nodes, ER-/PR-, HER2- Chemotherapy 1/13/2016 Cytoxan (cyclophosphamide), Taxotere (docetaxel) Targeted Therapy 1/14/2016 Herceptin (trastuzumab) Dx 2017, IDC, Stage IV, metastasized to liver, ER-/PR-, HER2- Surgery Lumpectomy; Lumpectomy (Right) Surgery Lumpectomy; Lumpectomy (Right) Radiation Therapy Whole breast: Breast
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Aug 22, 2018 01:45PM lumpie wrote:

Federal Court Delivers EEOC A Victory Over UPS In ADA Lawsuit Regarding Pay

A federal district court in Kansas recently granted the EEOC's motion for judgment on the pleadings in an ADA lawsuit brought against UPS and an employee union, holding that a policy in Defendants' collective bargaining agreement where drivers who are disqualified for medical reasons can only be compensated at 90% of their rates of pay for temporary non-driving jobs, while drivers disqualified for non-medical reasons such as DWI's are compensated at a 100% rate, was facially discriminatory. This ruling should {alert} employers in regards to ensuring their policies relative to medical disqualifications and compensation are ADA-compliant.

https://www.workplaceclassaction.com/2018/08/feder...

"We must be willing to let go of the life we have planned, so as to have the life that is waiting for us." "If adventures will not befall a young lady in her own village, she must seek them abroad." "Buy the ticket, take the ride." Dx 2015, DCIS/IDC, Right, 3cm, Stage IIA, Grade 3, 0/1 nodes, ER-/PR-, HER2- Chemotherapy 1/13/2016 Cytoxan (cyclophosphamide), Taxotere (docetaxel) Targeted Therapy 1/14/2016 Herceptin (trastuzumab) Dx 2017, IDC, Stage IV, metastasized to liver, ER-/PR-, HER2- Surgery Lumpectomy; Lumpectomy (Right) Surgery Lumpectomy; Lumpectomy (Right) Radiation Therapy Whole breast: Breast
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Aug 22, 2018 05:49PM denise-g wrote:

Lumpie - GREAT IDEA! I have had so many women write me who have had workplace issues! This will be a great resource of gathering information!

www.denise4health.wordpress.com my BC Blog with over 200 informative posts about all aspects of BC - stop by! Myself, my mom, and sister were all diagnosed with BC within 3 years. What a ride! Dx 10/10/2011, IDC, Left, 6cm+, Stage IIIA, Grade 2, 9/14 nodes, ER+/PR+, HER2- Surgery 11/22/2011 Lymph node removal; Lymph node removal (Left): Underarm/Axillary; Mastectomy; Mastectomy (Left) Chemotherapy 12/26/2011 AC + T (Taxol) Targeted Therapy 2/27/2012 Herceptin (trastuzumab) Hormonal Therapy 10/10/2012 Arimidex (anastrozole)
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Aug 24, 2018 08:03AM lumpie wrote:

For those looking for resources related to working during and after cancer, Cancer and Careers, is a useful site:

https://www.cancerandcareers.org/en

(they also have a Spanish language site - link is at top right corner of English page)

"As the definitive national authority on work and cancer, Cancer and Careers empowers and educates people with cancer to thrive in the workplace. Our innovative programs for survivors and healthcare professionals provide the vital support, tools, and information they need to navigate the practical and legal challenges that follow a diagnosis."

"We must be willing to let go of the life we have planned, so as to have the life that is waiting for us." "If adventures will not befall a young lady in her own village, she must seek them abroad." "Buy the ticket, take the ride." Dx 2015, DCIS/IDC, Right, 3cm, Stage IIA, Grade 3, 0/1 nodes, ER-/PR-, HER2- Chemotherapy 1/13/2016 Cytoxan (cyclophosphamide), Taxotere (docetaxel) Targeted Therapy 1/14/2016 Herceptin (trastuzumab) Dx 2017, IDC, Stage IV, metastasized to liver, ER-/PR-, HER2- Surgery Lumpectomy; Lumpectomy (Right) Surgery Lumpectomy; Lumpectomy (Right) Radiation Therapy Whole breast: Breast
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Aug 24, 2018 07:57PM - edited Aug 24, 2018 08:01PM by lumpie

This is another resource I have found to be helpful:

Cancer Legal Resource Center

http://cancerlegalresources.org/

"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. For a person with a cancer diagnosis, these issues often result in worry and confusion, which can be overwhelming. When left unaddressed, patients may survive treatment to find their homes, jobs or insurance coverage gone. When information is readily and easily accessible, quality outcomes for patient survivorship improve as stress and anxiety decrease."

They offer some good webinars (under the publications tab).

Some information is available in Spanish. i.e.: http://cancerlegalresources.org/publications-webin...

"We must be willing to let go of the life we have planned, so as to have the life that is waiting for us." "If adventures will not befall a young lady in her own village, she must seek them abroad." "Buy the ticket, take the ride." Dx 2015, DCIS/IDC, Right, 3cm, Stage IIA, Grade 3, 0/1 nodes, ER-/PR-, HER2- Chemotherapy 1/13/2016 Cytoxan (cyclophosphamide), Taxotere (docetaxel) Targeted Therapy 1/14/2016 Herceptin (trastuzumab) Dx 2017, IDC, Stage IV, metastasized to liver, ER-/PR-, HER2- Surgery Lumpectomy; Lumpectomy (Right) Surgery Lumpectomy; Lumpectomy (Right) Radiation Therapy Whole breast: Breast
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Aug 24, 2018 08:02PM lumpie wrote:

Thanks, Denise! I really hope that this is helpful to others!

"We must be willing to let go of the life we have planned, so as to have the life that is waiting for us." "If adventures will not befall a young lady in her own village, she must seek them abroad." "Buy the ticket, take the ride." Dx 2015, DCIS/IDC, Right, 3cm, Stage IIA, Grade 3, 0/1 nodes, ER-/PR-, HER2- Chemotherapy 1/13/2016 Cytoxan (cyclophosphamide), Taxotere (docetaxel) Targeted Therapy 1/14/2016 Herceptin (trastuzumab) Dx 2017, IDC, Stage IV, metastasized to liver, ER-/PR-, HER2- Surgery Lumpectomy; Lumpectomy (Right) Surgery Lumpectomy; Lumpectomy (Right) Radiation Therapy Whole breast: Breast
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Aug 27, 2018 03:35PM lumpie wrote:

Job Accommodation Network (JAN)

The Job Accommodation Network (JAN) is the leading source of free, expert, and confidential guidance on workplace accommodations and disability employment issues. Working toward practical solutions that benefit both employer and employee, JAN helps people with disabilities enhance their employability, and shows employers how to capitalize on the value and talent that people with disabilities add to the workplace.

JAN represents the most comprehensive job accommodation resource available. From Fortune 500 companies to entrepreneurs, JAN has served customers across the United States and around the world for more than 35 years. Its consultants are thought leaders and innovators on disability employment issues, and all have earned at least one Master's degree in their specialized fields, ranging from rehabilitation counseling to education and engineering.

JAN is funded by a contract from the U.S. Department of Labor, Office of Disability Employment Policy (ODEP) (#1605DC-17-C-0038). Its development has been achieved through the collaborative efforts of ODEP, West Virginia University, and private industry throughout North America.

https://askjan.org/index.cfm


"We must be willing to let go of the life we have planned, so as to have the life that is waiting for us." "If adventures will not befall a young lady in her own village, she must seek them abroad." "Buy the ticket, take the ride." Dx 2015, DCIS/IDC, Right, 3cm, Stage IIA, Grade 3, 0/1 nodes, ER-/PR-, HER2- Chemotherapy 1/13/2016 Cytoxan (cyclophosphamide), Taxotere (docetaxel) Targeted Therapy 1/14/2016 Herceptin (trastuzumab) Dx 2017, IDC, Stage IV, metastasized to liver, ER-/PR-, HER2- Surgery Lumpectomy; Lumpectomy (Right) Surgery Lumpectomy; Lumpectomy (Right) Radiation Therapy Whole breast: Breast
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Sep 20, 2018 08:49AM lumpie wrote:

Upcoming Webinar: Balancing Work & Cancer Webinar: Working Through Treatment

Presented by Cancer & Careers

Wednesday, October 10, 2018 — 6:00 PM ET/3:00 PM PT

https://www.cancerandcareers.org/en/community/even...


"We must be willing to let go of the life we have planned, so as to have the life that is waiting for us." "If adventures will not befall a young lady in her own village, she must seek them abroad." "Buy the ticket, take the ride." Dx 2015, DCIS/IDC, Right, 3cm, Stage IIA, Grade 3, 0/1 nodes, ER-/PR-, HER2- Chemotherapy 1/13/2016 Cytoxan (cyclophosphamide), Taxotere (docetaxel) Targeted Therapy 1/14/2016 Herceptin (trastuzumab) Dx 2017, IDC, Stage IV, metastasized to liver, ER-/PR-, HER2- Surgery Lumpectomy; Lumpectomy (Right) Surgery Lumpectomy; Lumpectomy (Right) Radiation Therapy Whole breast: Breast
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Sep 20, 2018 08:50AM lumpie wrote:

Cancer & Careers has some great videos of prior webinars available. You can watch them here:

https://www.cancerandcareers.org/en/community/vide...


"We must be willing to let go of the life we have planned, so as to have the life that is waiting for us." "If adventures will not befall a young lady in her own village, she must seek them abroad." "Buy the ticket, take the ride." Dx 2015, DCIS/IDC, Right, 3cm, Stage IIA, Grade 3, 0/1 nodes, ER-/PR-, HER2- Chemotherapy 1/13/2016 Cytoxan (cyclophosphamide), Taxotere (docetaxel) Targeted Therapy 1/14/2016 Herceptin (trastuzumab) Dx 2017, IDC, Stage IV, metastasized to liver, ER-/PR-, HER2- Surgery Lumpectomy; Lumpectomy (Right) Surgery Lumpectomy; Lumpectomy (Right) Radiation Therapy Whole breast: Breast
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Oct 2, 2018 07:53PM - edited Oct 2, 2018 08:03PM by lumpie

Workplace Wellness Programs: Uncertainty as 2019 Approaches

Reported by: Mid-Atlantic ADA Center

https://www.natlawreview.com/article/court-case-cr...

This article reports on the D.C. District Court decision ordering the U.S. Equal Employment Opportunity Commission (EEOC) to reconsider rules on employer wellness programs that require employees to undergo medical exams or answer disability-related questions. Such programs must be "voluntary" for employees.

The EEOC issued rules in 2016 under both the ADA and the Genetic Information Nondiscrimination Act (GINA), which allowed employers to offer incentives or impose penalties, up to 30% of the cost of an employee's health plan, for employees who decline to participate.

The AARP sued the EEOC, arguing the 30% incentive/penalty was so significant it would render a wellness program involuntary.

The court let the rule stand during a reconsideration period, but the period will end January 1, 2019.

"We must be willing to let go of the life we have planned, so as to have the life that is waiting for us." "If adventures will not befall a young lady in her own village, she must seek them abroad." "Buy the ticket, take the ride." Dx 2015, DCIS/IDC, Right, 3cm, Stage IIA, Grade 3, 0/1 nodes, ER-/PR-, HER2- Chemotherapy 1/13/2016 Cytoxan (cyclophosphamide), Taxotere (docetaxel) Targeted Therapy 1/14/2016 Herceptin (trastuzumab) Dx 2017, IDC, Stage IV, metastasized to liver, ER-/PR-, HER2- Surgery Lumpectomy; Lumpectomy (Right) Surgery Lumpectomy; Lumpectomy (Right) Radiation Therapy Whole breast: Breast

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