Your Legal Rights
Understanding your workplace protections as a cancer survivor
Americans with Disabilities Act (ADA)
Protects you from discrimination and requires employers to provide reasonable accommodations
- Private employers with 15+ employees
- State and local governments
- Employment agencies and labor unions
- Cannot discriminate in hiring, firing, advancement, or compensation
- Must provide reasonable accommodations unless it causes undue hardship
- Medical information must be kept confidential
- Protection from retaliation
- No pre-employment medical exams or disability questions
- Cancer almost always qualifies as a disability under the 2008 amendments
- Substantially limits major life activity (like normal cell growth)
- History of cancer counts, even if in remission
- Being "regarded as" having a disability is enough
- Flexible schedules for appointments
- Remote work options
- Modified break schedules
- Reduced or part-time hours
- Reserved parking
- Ergonomic equipment
- Temperature adjustments
How to Request Workplace Accommodations
Under the ADA (private employers with 15+ workers) and the Rehabilitation Act (federal employees and federal contractors), you have the right to ask your employer for reasonable changes to your job so you can keep working through and after cancer treatment. Here's exactly how to do it — no legalese.
The 5-Step Process
Before talking to anyone, list the specific tasks that are hard right now and the change that would help.
- •"I need to start work at 10 AM on Wednesdays for chemo" — not "I need flexibility"
- •"I need to work from home 2 days a week during radiation" — not "I need remote work"
- •"I need a chair with lumbar support" — not "I need better equipment"
💡 Tip: The clearer and more specific your request, the harder it is to say no.
You do NOT have to say "cancer." You do NOT have to say "ADA." But you should put the request in writing (email is fine) so there is a record.
- •Email your supervisor OR HR — either counts as a legal request
- •Include the phrase "reasonable accommodation" — this triggers ADA protections
- •Say what you need and (briefly) why — you don't owe them your diagnosis
💡 Tip: Once you use the words "reasonable accommodation," the clock starts on your employer's legal duty to respond.
Your employer may ask for medical documentation, but they can only ask what is needed to confirm you have a condition and understand the limitation.
- •They can ask: "Does this employee have a condition that limits their ability to X?"
- •They CANNOT demand: full medical records, your diagnosis, your prognosis, or your treatment plan
- •A short note from your oncologist stating you have a "serious health condition" requiring accommodation is usually enough
💡 Tip: You control what medical info is shared. When in doubt, ask your doctor to write the minimum needed.
The law requires your employer to have a real, back-and-forth conversation with you about options — not just say yes or no.
- •They may counter-offer (e.g., "We can't do 100% remote, but 3 days a week works")
- •You can propose alternatives if their answer doesn't fit
- •This dialogue is legally required — them ignoring you or refusing to talk is itself a violation
💡 Tip: Keep this conversation in writing (or follow up any meeting with an email summary).
Once you settle on an accommodation, ask for it in writing — including start date, duration, and who to contact if it stops working.
- •A one-page accommodation agreement or HR memo is standard
- •Include a review date (e.g., "We will revisit this in 3 months")
- •Save a copy at home, not just on work systems
💡 Tip: Verbal agreements evaporate when supervisors change. Written ones don't.
Copy-and-Paste Scripts
Word-for-word language you can adapt for your own situation.
Subject: Reasonable Accommodation Request Hi [Name], I'm writing to request a reasonable accommodation for a serious health condition that is affecting my ability to [describe the task, e.g., "work a standard 9-5 schedule"]. Specifically, I'm requesting [the exact change, e.g., "a modified start time of 10 AM on Tuesdays and Thursdays for approximately the next 12 weeks"]. I'm happy to discuss this further and to provide any medical documentation you may need. I can also propose alternatives if this specific request doesn't work for the team. Thanks, [Your name]
Under the ADA, I understand that my employer may request documentation confirming that I have a qualifying condition and describing the functional limitation — but not my specific diagnosis or treatment details. I've asked my physician to provide a note confirming the accommodation is medically necessary, and I'd like to keep the specifics of my condition private. Thank you for understanding.
Thank you for the response. Before we close this out, could we schedule time to discuss alternative accommodations that might work for the team? Under the ADA's interactive process, I'd like to explore options together before we consider the request denied. I'm open to compromise.
Common Accommodations to Consider
Pick what fits your situation — you can request more than one.
- ✓Modified start/end times
- ✓Flexible schedule for treatment days
- ✓Reduced hours (part-time)
- ✓Extra unpaid breaks for rest
- ✓Full or partial remote work
- ✓Closer parking spot
- ✓Move desk to a quieter area
- ✓Access to a private room for rest
- ✓Temporary reassignment of heavy tasks
- ✓Reduced travel
- ✓Written instructions for memory issues
- ✓Voice-to-text software
- ✓Ergonomic chair or standing desk
- ✓Air purifier (immunocompromised)
- ✓Adjustable lighting
- ✓Temperature control near workstation
- ✓Intermittent FMLA leave
- ✓Accrued sick/PTO for appointments
- ✓Unpaid leave beyond FMLA
- ✓Phased return-to-work schedule
If any of the following happens, your employer may be violating the ADA. Document everything and reach out to the EEOC (1-800-669-4000) or a free legal service like the Cancer Legal Resource Center.
- ⚠Your employer refuses to discuss the request at all
- ⚠You are demoted, disciplined, or given worse assignments after requesting
- ⚠HR asks for your full medical records or specific diagnosis
- ⚠You are told "we don't do accommodations here"
- ⚠Your accommodation is granted but silently revoked or ignored
- ⚠Coworkers are told about your health situation without your permission
You are NOT required to:
- • Disclose your specific diagnosis
- • Share medical records or treatment plans
- • Tell coworkers about your condition
- • Use the word "cancer" or "ADA"
You ARE entitled to:
- • A written, timely response to your request
- • A real interactive dialogue about options
- • Confidentiality of any medical info shared
- • Protection from retaliation for asking