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Challenges Persist Under Americans With Disabilities Act Amendments Act: How Can Oncology Providers Help?
Michael Feuerstein1, Amanda K Gehrke1, Brian T McMahon1
1Uniformed Services University of the Health Sciences; Walter Reed National Military Medical Center, Bethesda, MD; and Virginia Commonwealth University, Richmond, VA.
Journal of Oncology Practice
|April 19, 2017
Summary
The Amendments to the Americans with Disabilities Act (ADA) increased workplace discrimination allegations for cancer survivors, particularly concerning employment terms and workplace relations. Oncology teams can help address these persistent discrimination issues.
Area of Science:
- Health Law
- Oncology
- Employment Law
Background:
- The Americans with Disabilities Act (ADA) Amendments of 2009 aimed to improve access to anti-discrimination laws for individuals with chronic illnesses.
- Cancer survivors often face workplace discrimination due to their health status and potential residual effects.
Purpose of the Study:
- To evaluate the impact of the ADA Amendments on workplace discrimination allegations among individuals with a history of cancer.
- To determine if changes in discrimination filings and their merit correlate with the ADA Amendments' implementation.
Main Methods:
- Utilized Equal Employment Opportunities Commission data to compare discrimination allegations before (2001-2008) and after (2009-2011) the ADA Amendments.
- Analyzed allegations related to terms of employment, workplace relations, hiring, reasonable accommodation, and termination.
Main Results:
- Post-amendments, increased filings and merit were observed for allegations concerning employment terms (promotions, wages).
- Filings for workplace relations issues (harassment, discipline, discharge) increased, though their merit remained stable.
- Hiring, reasonable accommodation, and termination allegations showed no significant change in filing or merit.
Conclusions:
- Workplace discrimination allegations for cancer survivors persisted and, in some areas, increased post-ADA Amendments.
- Oncology care teams can play a role in mitigating workplace discrimination by providing information on residual symptoms and functional capacity.
- Personalized workplace accommodations can be facilitated by oncology professionals to improve work outcomes for cancer survivors.
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