A cancer diagnosis can change every aspect of your life, including your work. But what are your rights as a cancer patient in the workplace in Phoenix, AZ?
In Arizona, cancer patients have protection under federal and state laws. These laws stop discrimination, require fair treatment, and guarantee reasonable accommodations at work. You have the right to work during cancer treatment, recovery, or long-term effects. Your condition should not lead to unfair treatment, wrongful termination, or denial of necessary support.
Anti-Discrimination Protections for Cancer Patients
Federal and state laws protect cancer patients from being discriminated against at work.
These include:
- The Americans with Disabilities Act (ADA): Prohibits employers with 15 or more employees from discriminating against individuals with disabilities, including cancer patients
- The Arizona Civil Rights Act: Mirrors the ADA and provides additional protections at the state level
- The Genetic Information Nondiscrimination Act (GINA): Prohibits employers from using genetic information, such as a cancer diagnosis, to make employment decisions
These laws apply to hiring, firing, promotions, job assignments, and other aspects of employment.
When Is Cancer Considered a Disability?
Cancer is often classified as a disability under the ADA when it substantially limits one or more major life activities.
This includes:
- The ability to work full-time
- Completing daily tasks like walking, eating, or sleeping
- Coping with fatigue, pain, or side effects of treatment
Even if you are in remission, you may still qualify for protection if you have a history of cancer or your employer perceives you as disabled.
Your Right to Reasonable Accommodations
If you’re a qualified employee and can still do your job with help, you have the right to reasonable accommodations under the ADA and Arizona law.
Examples may include:
- Flexible work hours for treatment and recovery
- Time off for medical appointments
- Work-from-home options or modified duties
- A temporary change in schedule or workload
Employers must take part in an “interactive process” to figure out the right accommodations. However, they do not have to provide accommodations that create an undue hardship.
Reasonable accommodations help you keep your job and take care of your health. You won’t have to choose between them.
Medical Leave Options
Cancer patients may also qualify for medical leave under the Family and Medical Leave Act (FMLA). This federal law lets eligible employees take 12 weeks of unpaid leave each year. They can do this for serious health issues, like cancer, without losing their job or health benefits.
To qualify, you must:
- Work for a covered employer (typically 50 or more employees)
- Have worked at least 1,250 hours over the past 12 months
Some employers may also offer short-term disability or additional leave through company policies.
What to Do if You Face Discrimination
You can take legal action if your employer:
- Refuses to make accommodations
- Treats you unfairly
- Retaliates against you for asserting your rights
Common steps include:
- Documenting all interactions related to your condition, accommodations, or discipline
- Filing a charge with the Equal Employment Opportunity Commission (EEOC) or the Arizona Civil Rights Division
- Consulting an employment attorney to explore your legal options and next steps
You have the right to seek a work environment free from discrimination and harassment, regardless of your health status.
Contact the Phoenix Employment Lawyers at Houk Employment Attorneys for Help Today
Cancer shouldn’t cost you your job. If you’re navigating a diagnosis while working in Phoenix, Arizona law and federal protections can help you stay employed, receive accommodations, and protect your dignity. Knowing your rights is the first step in standing up for fair treatment at work.
If your rights have been violated by your employer, you may deserve compensation. Contact our Phoenix employment attorneys at Houk Employment Attorneys for a free consultation today.
For more information, please contact an experienced employment attorneys at Houk Employment Attorneys to schedule an initial consultation today. Our employment law firm is conveniently located near you. We have an office in Phoenix, AZ.
Houk Employment Attorneys
1850 N Central Ave Suite 2010, Phoenix, AZ 85004
(480) 569-2377
