Americans With Disabilities Act (ADA)

Under the US Act, anyone who has had cancer is considered disabled. If you have cancer, you are covered by this law. If you are caring for someone who has cancer, you may also be covered by this Act.

The goal of the ADA is to end job discrimination against people with disabilites. It covers discrimination occuring in hiring, promotions, firing, pay, job benefits, job training and other aspects of work.

As of July 26, 1992, the ADA applied to any private employer with 25 or more employees. On July 26, 1994, it will apply to any private employer with 15 or more employees. It also applies to:

The Ada does not cover employees of the United States government. People working for the Federal government are covered by a different law.

What does the ADA Say?

  1. The ADA says an employer cannot refuse to hire or continue employing a person with a disability, as long as that person is otherwise able and qualified to do the job.
  2. The ADA says an employee cannot be demoted or fired because of a disability. It also says an employee cannot be fired because an employer think there is or will be a disability.
  3. The ADA says an employer cannot refuse insurance or other benefits to an employee with a disability, when the same insurance or benefits are provided to other employees. This part of the law also applies when the employer believes a disability is present or expects a disability to occur.
  4. The ADA says employers must provide certain types ofhelp to persons with disabilities, if they need the help to perform their job. This type of help is called reasonable accomodations. The law says reasonable accomodations must not cause undue hardship to the employer. Reasonable accomodations include:
  5. The benefits of the ADA cover individuals who had or have cancer. It also covers families of persons with cancer.
  6. Many people still have misunderstandings about cancer. These misunderstandings can lead to discrimination on the job. The ADA protects persons disabled by cancer from this type of discrimination.
  7. The ADA guarantees persons with disabilities will have equal access to any public facilities that are available to persons without disabilities.
  8. The ADA says people with disabilities must have access to any public transit that is available to persons without disabilities in thesame city or town. This includes bus, rail or any other method of travel, except aircraft.

  9. The ADA guarantees people with disabilities will have equal access to communication services available to persons without disabilities. This includes certain types of telephones and television service.

What to Do When Discrimination Occurs

The main enforcement agency of the ADA is the United States Equal Employment Opportunity Commission. Here are three ways for a person with a disability to file a complaint regarding job discrimination:
  1. File a complaint with the local office of the Equal Employment Opportunity Commission. There is no charge for services of this agency. The number is listed in the telephone book under "US Government".
  2. File a private lawsuit through a lawyer. This may cost a great deal of money, depending on the lawyer. To find a lawyer with a special interest in employment and disabilities, contact any local organizations of people with disabilites or the local bar association.
  3. Do both of the above.
If the complaint proves true, the person with a disability may win hiring, back pay, reasonable accomodation, and certain types of damages. A court may order the employer to pay the lawyer's fees and court costs. Sometimes, the government will intervene to stop the discrimination, often fining the employer.