Is Cancer Included in the Disability Act?

In 1990, the United States Congress passed the Americans with Disabilities Act (ADA), legislation that became effective on July 26, 1990. This Disability Act protects citizens from being discriminated against due to their disability. This encompasses discrimination regarding job application procedures, the hiring and firing of workers and how they are given advancement opportunities in the workplace.

Amendments to the ADA

The ADA Amendments Act (ADAAA) of 2008 became effective as of January 1, 2009. This legislation was enacted to expand the protections under the original ADA and include individuals who have less severe impairments. The ADA originally defined a disability as having a “mental or physical impairment, which substantially limits one or more major life activities”. The ADAAA expanded the definition of what constitutes a major life activity, such as caring for oneself or being able to perform manual tasks. The list went on to include simple things such as standing, walking, lifting and speaking to name a few.

In addition, the ADAAA added a new major life activity category called, “major bodily functions”, which includes:

• Functions of the endocrine system (how hormones transfer information from one set of cells to another)
• Functions of the immune system
• Respiratory and circulatory functions
• Normal cell growth
• Digestive, bladder and bowel functions
• Neurological and brain functions
• Reproductive functions

Impairments that are considered to be in remission, such as multiple sclerosis, are still considered a disability, because when active, they can limit a person’s major life activity.

Which Disabilities Are Covered?

Neither the ADA or the ADAAA actually define which diseases or illnesses are actually covered under the law. Rather, they define a disabled person who may require the following:

• Medication for their condition
• Medical supplies or equipment
• Devices needed for vision, which do not include eyeglasses or contact lenses
• Prosthetic limbs and devices
• Cochlear implants or hearing aids
• Oxygen therapy equipment

Even a person who has diabetes, which is controlled with medication, can be considered disabled.

How Cancer is Considered a Disability

The ADA considers cancer a disability when the disease or its’ side effects substantially limits an individual’s major life activities. The effect that cancer has on a person often depends on the following factors:

• The age and health of the person
• What state the disease is at, (stage 4 being the most advanced)
• The type of cancer the person is afflicted with
• The symptoms and side effects of the disease and treatment

For example, a man may be able to survive testicular cancer and go on to lead productive lives. However, because the treatment has rendered him sterile, he is still considered disabled because he is unable to reproduce, which is considered a major life activity.

When You Should Get Help From a Disability Lawyer

Individuals with cancer often face discrimination in the workplace because supervisors may have a misperception about their ability to work during their treatment. Some employers expect people with cancer to be gone from work a substantial amount of time. Therefore, they may be passed up for promotions that they earned and someone much younger and healthier gets the job. If you have been the victim of discrimination, you should immediately consult with a disability attorney.