Cancer status and job hunting

[daggiesmom]

By now many of you are well aware of how badly I need to change jobs I think one of the things that holds me back from doing this is I am afraid a new employer might discover my cancer status and not hire me. How do you handle that type of question. If they require a physical and ask if i've ever had lung disease, I have to answer honestly. I don't know if this is something that will in fact hold me back, or is it something that I'm worrying needlessly about. Does anyone have any ideas about this?

Joanie

[cindi o'h]

Hi Joanie.

First of all, I am so glad that you are thinking along the lines of moving to a different job. This one is sucking the life out of you! Cancer couldn't do it, but these people can! I am so glad that you are digging around for some courage.

Secondly, I think that there are laws that require future employers about asking questions that would require you to disclose about cancer. In fact, I know that there are.

I hope that you will plant in your mind that you have a healthy body, internalize it, and Believe it. When you do this, you will exude the picture of health. You will not be deceitful, you will be honestly presenting yourself as you are.

I haven't read Lance Armstrong's book, but I remember that he had advanced testicular cancer. I think that he won the tour de France after his cancer by believing he was well and healthy, not sick and broken. We can all learn a lesson from this. Work on changing the way you view yourself, Joanie.

You have overcome so much Joanie and you can do this also. I know you can.

love, cindi o'h

[SDianneB]

The laws protect against discrimination due to disability. You'd have to have a recognized disability that you've been treated for in order to be covered by the law. Your problem is going to be insurance coverage, unless you can keep what you have now through COBRA until the new one kicks in if you change jobs. And, even then, check the new policy closely and find out EXACTLY how it handles pre-existing conditions. (Sometimes there is a limitation on benefits for pre-existing conditions, sometimes an exclusion. Also find out how long the pre-existing condition period is.)

Employers are not supposed to discriminate against people for a number of reasons laid out in the law, but that doesn't mean they won't, and cover it up by calling it something else.

By all means though, be honest. Don't falsify anything on an application -- it can come back and bite you later on.

I've had the same thoughts myself when I've thought about poking my head back into the job market. I figure I'll have a better chance at winning the Powerball.

Di

[Hebbie]

I am so glad this subject has come up because just this morning, my boss notified me that she has accepted a job at another law firm -- and does not have the ability to bring me with her (as she thought she might before going into her interview yesterday....)

So.....I either stay here and hope that my replacement boss is a nice person that I want to work for, or I look for another job, encountering the problems mentioned above.

Either way.....this s*cks.....

[Snowflake]

May I add, though, that you will never know until you try. If you never even apply for one, you'll never get another job.

...and I don't think that "merely having cancer" is a disability.

Give it a try, Joanie!

[daggiesmom]

Thanks everyone for the input. I'm not worried about the health insurance as I'm covered under my husband's policy, not here at this place. I'm more concerned about life insurance, really. I do feel that fibbing on the application is a no-no and will backfire, so i wouldn't do that. As far as it being considered a "disability" i'm not really sure if it is or not. Does anyone know for sure? Thanks again.

Joanie

[SDianneB]

Drug/alcohol addiction is considered to be a "disability" under the federal law, if it meets the criteria -- primarily that a person was diagnosed and treated with the disorder. In general, "disability" was once (loosely) defined as a condition that would hinder or prevent a person from doing the same job in the same way as a "normal" person -- such as a blind person requiring braille, hearing impairments, etc. It's changed a lot with court rulings over the years.

I can't see it not being classified as such if it went to court, but when you're in someone's office and they give you 20 reasons why they aren't hiring you and you feel like there is only one "real" reason, it's a different story.

Becky is right though - as usual! If you don't try, you for sure won't have any luck!

I hope you do. If health insurance wasn't my major concern, I probably would too.

Di

[Snowflake]

Equal Employment Opportunity Commission:

http://www.eeoc.gov/

http://www.eeoc.gov/abouteeo/overview_practices.html

Individual with a Disability

An individual with a disability under the ADA is a person who has a physical or mental impairment that substantially limits one or more major life activities, has a record of such an impairment, or is regarded as having such an impairment. Major life activities are activities that an average person can perform with little or no difficulty such as walking, breathing, seeing, hearing, speaking, learning, and working.

Prohibited Inquiries and Examinations

Before making an offer of employment, an employer may not ask job applicants about the existence, nature, or severity of a disability. Applicants may be asked about their ability to perform job functions. A job offer may be conditioned on the results of a medical examination, but only if the examination is required for all entering employees in the same job category. Medical examinations of employees must be job-related and consistent with business necessity.

Drug and Alcohol Use

Employees and applicants currently engaging in the illegal use of drugs are not protected by the ADA when an employer acts on the basis of such use. Tests for illegal use of drugs are not considered medical examinations and, therefore, are not subject to the ADA's restrictions on medical examinations. Employers may hold individuals who are illegally using drugs and individuals with alcoholism to the same standards of performance as other employees.

The Americans with Disabilities Act:

http://www.eeoc.gov/policy/ada.html

[Boysmom]

Joanie, when my dad ws going thru radiation, There was a CD packet at the cancer office that went over some of these concerns. There were 6 CD's each covered two topics. On a few of my six hour drives I listened to them then passed them on to my step brother and his wife. They were put out by ACS and I remember a part being about employment and cancer. I even remember them talking about what to look for when changing jobs and what to say. But as my dads job being secure and enjoyable I didn't focus in on the details. I'm sure you could get a copy from your local Dr. office or contact ACS for one. I believe it was called Cancer Survival Toolbox. PM me if you can't find it and I can get more info for you.

Best of luck

Leah