Postby weisssoccermom » Wed Aug 16, 2017 5:52 pm
I'm also curious....what is the meat comment all about?
As for being discrimination....mostly yes but.....IF you are asking the employer (and this is only an 'if) to make a change (hours) that would inhibit the employer from doing the job, then yes, the employer has a right to say no to you....based on that reason.
For example, IF (again, hypothetical) the job is a 40 hour a week job and you are asking the employer to give you the job but allow you to only work 25 hours because of a disability, the employer DOES have the right to refuse you the job. An employer has to make 'reasonable' accommodations that do not cause 'undue hardship' on the company. So, in the case of an employee who say needs to take more bathroom breaks or sit down BUT can still get the job done....those accommodations don't cause undue hardship.
You don't say how many hours you were asking the employer to accommodate for your disability. If you were asking the employer to allow you to work, for example, 2/3 of the time of the (hypothetical) 40 hour week, that would not be reasonable. Furthermore, the EEOC (Equal Employment Opportunities Commission) does NOT always consider cancer to be a disability. Can you, with REASONABLE accommodation, do the essential aspects of the job? There is NO requirement on the part of the employer that says they have to lower the job standards to accommodate anyone. What stage are you? Although it may not seem important, early stage cancer patients aren't going to be considered 'disabled'. You would have to also demonstrate that you have one of the many 'major life activities' that the ADA covers. I'm certainly not saying that you don't, but just be careful when assuming that because you have cancer, it is an automatic approval for being considered 'disabled'.
Dx 6/22/2006 IIA rectal cancer
6 wks rad/Xeloda -finished 9/06
1st attempt transanal excision 11/06
11/17/06 XELOX 1 cycle
5 months Xeloda only Dec '06 - April '07
10+ blood clots, 1 DVT 1/07
transanal excision 4/20/07 path-NO CANCER CELLS!
NED now and forever!
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