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.

Posted on: Aug 22, 2018 09:40AM

Posted on: Aug 22, 2018 09:40AM

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 1/13/2016 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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May 1, 2019 09:24AM lumpie wrote:

EEOC Releases Fiscal Year 2018 Enforcement and Litigation Data

The U.S. Equal Employment Opportunity Commission (EEOC) released data on the numbers and types of complaints filed with the agency, as well as resolutions and outcomes achieved in fiscal year 2018. 24,605 complaints were filed alleging disability discrimination, and more than $136 million in benefits obtained for aggrieved individuals.

https://www.eeoc.gov/eeoc/newsroom/release/4-10-19.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 1/13/2016 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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May 1, 2019 09:31AM lumpie wrote:

Keeping your job

While this article pertains to rheumatoid arthritis, others of us may find some points relevant and helpful.

Why It's Difficult to Keep Your Job If You Have Rheumatoid Arthritis

Discussion of accommodations, disability (SSDI) and coping may be valuable.

https://www.healthline.com/health-news/why-its-difficult-to-keep-your-job-if-you-have-rheumatoid-arthritis


"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 1/13/2016 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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May 28, 2019 03:06AM - edited May 28, 2019 03:06AM by lumpie

"Corizon Health / Corizon LLC to Pay $950,000 to Settle Nationwide EEOC Disability Discrimination Lawsuit"

Corizon Health Inc. and Corizon LLC have agreed to pay $950,000 and provide other relief to settle a lawsuit brought by the U.S. Equal Employ­ment Opportunity Commission (EEOC). The Corizon companies provide health care in jails and corrections facilities across the country.

According to the EEOC, Corizon violated the ADA by refusing to accommodate employees with disabilities, subjecting employees to a hostile work environment due to their disabilities and/or need for accommodation, retaliating against some employees who engaged in protected activity, and terminating employees who had disabilities or needed accommodations.

In addition to the monetary relief for 23 individuals, the companies will also modify their policies and practices to ensure that employees with disabilities are afforded reasonable accommodations, provide annual training to all their employees, and hire a monitor to ensure compliance.

Elizabeth Cadle, district director of the EEOC's Phoenix District Office, said, "Employers should understand that policies which require an employee to be 100% or without any medical restric­tions violate the ADA because they don't leave room for reasonable accommodations."

Reported at:

https://www.adainfo.org/e-bulletin/e-bulletin-may-28-2019 (under ADA News)

This was also an EEOC press release:

https://www.eeoc.gov/eeoc/newsroom/release/5-13-19b.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 1/13/2016 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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Jun 13, 2019 10:28AM lumpie wrote:

2020 Democrats put spotlight on disabilities issues

BY ZACK BUDRYK - 05/23/19 - The Hill

Highlights:

"You can look at every major issue for the presidential candidates in 2020 and frame it as a disability issue: health care, education, employment, climate change, inequality, mass incarceration,"

"Some issues, like health care, housing, education and law enforcement, have very significant meaning for disabled people. And then there are quite specific policy issues that really are primarily 'disability issues' … like long-term care, accessibility and disability rights laws," Pulrang said.

Pulrang told The Hill that long-term care access is one of the foremost issues affecting disabled people.

"Helping people who need everyday assistance to stay in their own homes and communities and avoid unwanted 'placement' in nursing homes and 'residential facilities' is fundamental, both to the disability community and anyone dealing with the complications of aging," he said.

Another major issue Pulrang and Wong emphasized was a waiver system that allows employers to pay disabled people less than the minimum wage. Last year, Warren joined five other Senate Democrats in a letter to Labor Secretary Alex Acosta demanding information on the so-called 14(c) certificates, the waivers that allow employers to pay disabled people sub-minimum wage.

Harris, meanwhile, co-sponsored Sen. Bob Casey Jr.'s (D-Pa.) Transformation to Competitive Employment Act, which would ban the practice, in March.

Pulrang told The Hill banning this practice is one of the most "specific, emotionally resonant issues" affecting disabled people.

#CripTheVote

Full article here: https://thehill.com/homenews/campaign/445136-2020-dems-put-spotlight-on-disabilities-issues

"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 1/13/2016 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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Jun 13, 2019 10:32AM - edited Jun 13, 2019 10:32AM by lumpie

Many Are Replacing Disability Checks With Paychecks May 22, 2019 - NPR - Scott Horsley


for the first time in decades, the disability rolls are shrinking. More people with disabilities are returning to work and holding on to their jobs. With unemployment at a nearly 50-year low, companies are struggling to find workers. And that means people who had trouble finding a job in the past are suddenly in demand. That includes people with disabilities.

https://www.npr.org/2019/05/22/723757962/many-are-replacing-disability-checks-with-paychecks

"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 1/13/2016 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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Jun 13, 2019 10:49AM lumpie wrote:

3 common FMLA scenarios that can create major headaches

At NELI's 2019 National Employment Law Conference, employment experts discussed factors that make FMLA administration a messy business.


https://www.hrdive.com/news/3-common-fmla-scenarios-that-can-create-major-headaches/555877/


"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 1/13/2016 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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Jun 13, 2019 10:50AM lumpie wrote:

Virginia Court: Worker Fired After Cancer Diagnosis May Proceed with ADA Case

The U.S. District Court for the Western District of Virginia denied an employer's motion to dismiss the case of Donaldson v Trae-Fuels, LLC.

The employer argued for dismissal on the grounds that the plaintiff, who had been diagnosed with pancreatic cancer, did not have a disability as defined by the ADA. The court found the argument "unpersuasive."

Additionally, the court said the plaintiff "plausibly allege[d] that the defendants terminated his employment because of his cancer diagnosis." According to the complaint, before his diagnosis, the plaintiff never received any negative feedback or complaints about his work. However, upon learning of his diagnosis, his supervisors immediately began to question his ability to work, and made several negative comments about his illness. He was fired a couple of months after he began chemotherapy, despite having maintained a full work schedule while undergoing treatment.

http://www.vawd.uscourts.gov/opinions/conrad/donaldsontraefuelsopor.pdf

"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 1/13/2016 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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Jun 13, 2019 10:53AM lumpie wrote:

DOT Warns American Airlines: Individuals with Severe Allergies Must be Allowed to Pre-Board

The U.S. Department of Transportation (DOT) found American Airlines in violation of the Air Carrier Access Act (ACAA) for failing to allow the family of a girl with multiple food allergies the right to pre-board. The family wanted time to wipe down their seating area to reduce the chance of exposure to allergens. The airline has since changed its policy to allow pre-boarding for individuals with allergies to tree nuts and peanuts.

https://www.allergicliving.com/2019/06/07/dot-warns-american-airlines-food-allergy-familys-rights-were-violated/


"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 1/13/2016 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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Jun 13, 2019 10:56AM lumpie wrote:

Aging and Disability Study

Researchers are seeking adults with physical disabilities to participate in this study to learn more about the chronic health conditions people living with long-term disabilities experience as they age. Participants will be asked to complete three surveys over two years, online or by phone, and will be compensated for their time.

https://redcap.wustl.edu/redcap/srvrs/prod_v3_1_0_001/redcap/surveys/?s=XAK8R9KNYC

"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 1/13/2016 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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Jun 30, 2019 06:10PM lumpie wrote:

Federal judge (now Supreme Court justice) ruled that ...a professor recovering from cancer had no recourse under federal disability rights laws when the university did not accommodate her request for leave under the ADA, despite her doctor advising that if she returned to teach in the midst of a flu epidemic she could die.

https://www.sfchronicle.com/opinion/openforum/article/Judge-Gorsuch-failed-our-family-11001615.php

https://www.ca10.uscourts.gov/opinions/13/13-3070.pdf

"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 1/13/2016 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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