Introduction
JAN's Accommodation and
Compliance Series is designed to help employers determine effective
accommodations and comply with Title I of the Americans with Disabilities
Act (ADA). Each publication in the series addresses a specific medical
condition and provides information about the condition, ADA information,
accommodation ideas, and resources for additional information.
The Accommodation and Compliance
Series is a starting point in the accommodation process and may not
address every situation. Accommodations should be made on a case by
case basis, considering each employee's individual limitations and
accommodation needs. Employers are encouraged to contact JAN to discuss
specific situations in more detail.
For information on assistive
technology and other accommodation ideas, visit JAN's Searchable Online
Accommodation Resource (SOAR) at http://www.jan.wvu.edu/soar.
Information
about Cancer
How prevalent is cancer?
The lifetime risk of developing
cancer is 1 in 2 for men and 1 in 3 for women (Ries, et al., 2004).
What is cancer?
Cancer develops when cells
in a part of the body begin to grow out of control. Although there
are many kinds of cancer, they all start because of out-of-control
growth of abnormal cells. Normal body cells grow, divide, and die
in an orderly fashion. During the early years of a person's life,
normal cells divide more rapidly until the person becomes an adult.
After that, cells in most parts of the body divide only to replace
worn-out or dying cells and to repair injuries. Because cancer cells
continue to grow and divide, they are different from normal cells.
Instead of dying, they outlive normal cells and continue to form new
abnormal cells. Cancer cells often travel to other parts of the body
where they begin to grow and replace normal tissue. This process,
called metastasis, occurs as the cancer cells get into the bloodstream
or lymph vessels of our body. When cells from a cancer like breast
cancer spread to another organ like the liver, the cancer is still
called breast cancer, not liver cancer (American Cancer Society, Inc.,
2005).
What are the symptoms
of cancer?
Some generalized symptoms
and signs such as unexplained weight loss, fever, fatigue, or lumps
may be seen in several types of cancer; however, other signs and symptoms
are relatively specific to a particular type of cancer (American Cancer
Society, Inc., 2005).
What causes cancer?
Cancer is caused by both
external (chemicals, radiation, and viruses) and internal (hormones,
immune conditions, and inherited mutations) factors. Different cancers
have different risk factors. Causal factors may act together or in
sequence to initiate or promote cancer. Risk factors may increase
a person's risk but do not always "cause" the disease. Many
people with one or more risk factors never develop cancer, while others
with this disease have no known risk factors. Ten or more years can
pass between exposures or mutations and detectable cancer (American
Cancer Society, 2005).
How is cancer staged?
Staging is the process
of finding out how much cancer there is in the body and where it is
located. Doctors use this information to plan treatment and to help
determine a person's outlook (prognosis). Cancers with the same stage
usually have similar outlooks and are often treated the same way.
Staging is also a way doctors can communicate with each other about
a person's case. For most cancers, the stage is based on 3 main factors:
the original (primary) tumor's size and whether the tumor has grown
into other nearby areas, whether the cancer has spread to the nearby
lymph nodes, and whether the cancer has spread to distant areas of
the body (American Cancer Society, 2005).
How is cancer treated?
Treatment options may include
surgery, radiation, chemotherapy, hormone therapy, and immunotherapy.
Surgery is the oldest form of cancer treatment; sixty percent of people
with cancer will have surgery. Radiation therapy uses high-energy
waves, such as x-rays or gamma rays, to destroy cancer cells. Chemotherapy
is the use of drugs to treat cancer. Systemic chemotherapy uses anticancer
drugs that are usually given into a vein or by mouth to enter the
bloodstream and reach all areas of the body. Hormone therapy is treatment
with hormones, drugs that interfere with hormone production (American
Cancer Society, 2005).
Cancer
and the Americans with Disabilities Act
Is cancer a disability
under the ADA?
The ADA does not contain
a list of medical conditions that constitute disabilities. Instead,
the ADA has a general definition of disability that each person must
meet (EEOC, 1992). Therefore, some people with cancer will have a
disability under the ADA and some will not.
A person has a disability
if he/she has a physical or mental impairment that substantially limits
one or more major life activities, a record of such an impairment,
or is regarded as having such an impairment (EEOC, 1992). For more
information about how to determine whether a person has a disability
under the ADA, visit http://www.jan.wvu.edu/corner/vol02iss04.htm.
Accommodating
Employees with Cancer
(Note: People with cancer
may develop some of the limitations discussed below, but seldom develop
all of them. Also, the degree of limitation will vary among individuals.
Be aware that not all people with cancer will need accommodations
to perform their jobs and many others may only need a few accommodations.
The following is only a sample of the possibilities available. Numerous
other accommodation solutions may exist.)
Questions to Consider:
1. What limitations is
the employee with cancer experiencing?
2. How do these limitations
affect the employee and the employee's job performance?
3. What specific job
tasks are problematic as a result of these limitations?
4. What accommodations
are available to reduce or eliminate these problems? Are all possible
resources being used to determine possible accommodations?
5. Has the employee with
cancer been consulted regarding possible accommodations?
6. Once accommodations
are in place, would it be useful to meet with the employee with
cancer to evaluate the effectiveness of the accommodations and to
determine whether additional accommodations are needed?
7. Do supervisory personnel
and employees need training regarding cancer?
Accommodation Ideas:
Fatigue/Weakness:
Reduce or eliminate physical
exertion and workplace stress
Schedule periodic rest breaks away from the workstation
Allow a flexible work schedule and flexible use of leave time
Allow work from home
Implement ergonomic workstation design
Provide a scooter or other mobility aid if walking cannot be reduced
Provide parking close to the work-site
Install automatic door openers
Make sure materials and equipment are within reach range
Move workstation close to other work areas, office equipment, and
break rooms
Reduce noise with sound absorbent baffles/partitions, environmental
sound machines, and headsets
Provide alternate work space to reduce visual and auditory distractions
Medical Treatment Allowances:
Provide flexible schedules
Provide flexible leave
Allow a self-paced workload with flexible hours
Allow employee to work from home
Provide part-time work schedules
Respiratory Difficulties:
Provide adjustable ventilation
Keep work environment free from dust, smoke, odor, and fumes
Implement a "fragrance-free" workplace policy and a "smoke
free" building policy
Avoid temperature extremes
Use fan/air-conditioner or heater at the workstation
Redirect air conditioning and heating vents
Skin Irritations:
Avoid infectious agents
and chemicals
Avoid invasive procedures
Provide protective clothing
Stress:
Develop strategies to
deal with work problems before they arise
Provide sensitivity training
to coworkers
Allow telephone calls
during work hours to doctors and others for support
Provide information on
counseling and employee assistance programs
Temperature Sensitivity:
Modify work-site temperature
Modify dress code
Use fan/air-conditioner
or heater at the workstation
Allow flexible scheduling
and flexible use of leave time
Allow work from home
during extremely hot or cold weather
Maintain the ventilation
system
Redirect air conditioning and heating vents
Provide an office with
separate temperature control
Situations and Solutions:
An engineer working for
a large industrial company had to undergo radiation treatment for
cancer during working hours. She was provided a flexible schedule
in order to attend therapy and also continue to work full-time.
A machine operator who
was undergoing radiation therapy for cancer was accommodated by having
his workstation moved. The move transferred the individual to an area
of the plant where no radiation exposure existed.
A warehouse worker whose
job involved maintaining and delivering supplies was having difficulty
with the physical demands of his job due to fatigue from chemotherapy
treatment. The individual was accommodated with a three-wheeled scooter
to reduce walking. The warehouse was also rearranged to reduce the
individual's climbing and reaching.
A secretary with cancer
was having difficulty working full-time due to fatigue from chemotherapy
treatments. Her employer accommodated her by allowing her to work
part-time and allowing her to take frequent rest breaks while working.
A psychiatric nurse with
cancer was experiencing difficulty dealing with job-related stress.
He was accommodated with a temporary transfer and was referred to
the employer's employee assistance program for emotional support and
stress management tools.
A lawyer with cancer was
experiencing lapses in concentration due to the medication she was
taking. Her employer accommodated her by giving her uninterrupted
time to work. She was also allowed to work at home two days a week.
Products:
There are numerous products
that can be used to accommodate people with limitations. JAN's Searchable
Online Accommodation Resource (SOAR) at http://www.jan.wvu.edu/soar
is designed to let users explore various accommodation options. Many
product vendor lists are accessible through this system; however,
upon request JAN provides these lists and many more that are not available
on the Web site. Contact JAN directly if you have specific accommodation
situations, are looking for products, need vendor information, or
are seeking a referral.
Resources
References
American Cancer Society.
(2005). Detailed guide: Cancer, general information. Retrieved July
1, 2005, from http://www.cancer.org/docroot/CRI/CRI_2_3x.asp?dt=72
Equal Employment Opportunity
Commission. (1992). A technical assistance manual on the employment
provisions (title I) of the Americans with Disabilities Act. Retrieved
April 29, 2005, from http://www.jan.wvu.edu/links/ADAtam1.html
Ries, L. G., Eisner, M.
P., Kosary, C. L., Hankey, B. F., Miller, B. A., Clegg, L., Mariotto,
A., Feuer, E.J., Edwards, B.K. (eds) (2004). SEER cancer statistics
review, 1975-2002, National Cancer Institute. Bethesda, MD, Retrieved
July 1, 2005, from http://seer.cancer.gov/csr/1975_2002