Individuals with Cancer in the Workforce and Their Federal Rights

Blanck, Peter; Myhill, William N.; Vedeler, Janikke Solstad; Morales, Joanna; Pearlman, Paula

doi:10.1007/978-0-387-72041-8_12

Cited by 5 publications

(3 citation statements)

References 19 publications

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“…Clearly this is not the case in countries within the European Union. This policy variation between the United States and the European Union certainly can influence decisions regarding work status at the time of treatment for cancer; however, the US federal government, by implementing the Family and Medical Leave Ac, at least provides 12 weeks of unpaid, job‐protected leave . We are unaware of comparisons to date across countries of the effects of such discrepancies on work disability in cancer survivors.…”

Section: Introductionmentioning

confidence: 99%

“…This policy variation between the United States and the European Union certainly can influence decisions regarding work status at the time of treatment for cancer; however, the US federal government, by implementing the Family and Medical Leave Ac, at least provides 12 weeks of unpaid, job-protected leave. 5 We are unaware of comparisons to date across countries of the effects of such discrepancies on work disability in cancer survivors. However, in relation to this matter, there is anecdotal evidence that, even with short-term disability coverage, cancer patients are deciding not to initiate such coverage and report wanting to work during treatment and/or to use sick leave benefits to cover time lost related to treatment for cancer and its long-term effects.…”

Section: Introductionmentioning

confidence: 99%

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Employment challenges for cancer survivors

Mehnert

Boer

Feuerstein

2013

Cancer

258

255

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There is a considerable body of evidence about the adverse effects of cancer and cancer treatments on employment, work ability, work performance, and work satisfaction among cancer survivors. There is also a growing consensus that cancer survivorship research needs to address the large variety of short-term and long-term work-related problems and that programs to support return to work and employment should be developed and integrated into the follow-up survivorship care of cancer patients. Cancer survivorship and employment can be considered from the perspective of the cancer survivor, the caregiver and the family, the employer and coworkers, the health care providers, and the community or society-elements that comprise many similarities but also differences between Europe and the Unites States and that may affect employment and return to work among cancer survivors in different ways. Previous research has specifically addressed the likelihood and timeliness of work return, including factors that promote and hinder return to work and work performance, and intervention studies and programs that focus on psychological, physical, pharmacologic, or multidisciplinary approaches to work. The area of work disability has emerged as an international field with research from areas throughout the globe. In this article, the authors provide an overview of the current state of scientific research in these areas and further provide a cancer survivorship and work model that integrates significant individual cancer-related, treatment-related, and work-related factors and outcomes. The report concludes with a discussion of European and American contributions and possible future directions for the enhancement of current efforts. Cancer 2013;119(11 suppl):2151-59.

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Section: Introductionmentioning

confidence: 99%

Section: Introductionmentioning

confidence: 99%

Employment challenges for cancer survivors

Mehnert

Boer

Feuerstein

2013

Cancer

258

255

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“…Survivorship can imply “defeating” the disease, but cancer is often in remission and not survived over a longer period [ 162 ]. Nevertheless, the label of “cancer survivorship” has enabled powerful informational and advocacy efforts to emerge, which in turn have helped advance the rights of diverse people across the cancer journey [ 163 ].…”

Section: Conclusion and Recommendationsmentioning

confidence: 99%

Workplace health surveillance and COVID-19: algorithmic health discrimination and cancer survivors

2022

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Purpose This article examines ways COVID-19 health surveillance and algorithmic decision-making (“ADM”) are creating and exacerbating workplace inequalities that impact post-treatment cancer survivors. Cancer survivors’ ability to exercise their right to work often is limited by prejudice and health concerns. While cancer survivors can ostensibly elect not to disclose to their employers when they are receiving treatments or if they have a history of treatment, the use of ADM increases the chances that employers will learn of their situation regardless of their preferences. Moreover, absent significant change, inequalities may persist or even expand. Methods We analyze how COVID-19 health surveillance is creating an unprecedented amount of health data on all people. These data are increasingly collected and used by employers as part of COVID-19 regulatory interventions. Results The increase in data, combined with the health and economic crisis, means algorithm-driven health inequalities will be experienced by a larger percentage of the population. Post-treatment cancer survivors, as for people with disabilities generally, are at greater risk of experiencing negative outcomes from algorithmic health discrimination. Conclusions Updated and revised workplace policy and practice requirements, as well as collaboration across impacted groups, are critical in helping to control the inequalities that flow from the interaction between COVID-19, ADM, and the experience of cancer survivorship in the workplace. Implications for Cancer Survivors The interaction among COVID-19, health surveillance, and ADM increases exposure to algorithmic health discrimination in the workplace.

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Disability-inclusive employment, cancer survivorship, and the Americans with Disabilities Act

Blanck

2022

J Cancer Surviv

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Purpose This special section of the Journal of Cancer Survivorship examines disability-inclusive employment policy and practice, cancer survivorship, and the Americans with Disabilities Act (“ADA”) of 1990. It considers current issues in research, policy, practice, and law in the United States, including new questions arising in light of COVID-19, such as the nature of disability disclosure, workplace accommodations and remote work, emerging workplace health surveillance technologies, and inclusive employment practices for cancer survivors. It also presents, for comparative purposes, a current analysis of cancer-related disability discrimination in the media in the United States and Israel. Methods After the “Introduction,” this special section presents two studies on disclosure of disability in employment: the first addressing disclosure during a job interview of the need for accommodations, and the second addressing disclosure as related to individual and organizational characteristics. The next two articles examine the effects of the COVID-19 pandemic on the work experience: first, for people with disabilities working remotely, with implications for cancer survivors, and second, for cancer survivors and people with disabilities facing potential algorithmic health discrimination due to workplace health surveillance. The final article considers cancer-related stigma and discrimination, as faced in the United States and Israel (using a comparison of mass media). Results Disability-inclusive employment laws such as the ADA promote two central requirements: First, social institutions affirmatively remove attitudinal and structural barriers and discrimination confronting people with disabilities as they exercise their rights to participate fully in society. Second, employers, governmental entities, and public accommodations comply with the “accommodation principle,” which requires them to make reasonable adjustments to job tasks, places of work, and public places in society, to enable equal participation by qualified individuals with disabilities. The articles in this special section consider these principles in innovative ways from a disability-inclusive paradigm. Conclusions The COVID-19 pandemic has highlighted the need for a robust research literature on disability-inclusive employment policy and practice for people with disabilities and for cancer survivors. This special section offers five articles as a start. The section’s “ Introduction ” also highlights recent ADA case law and introduces two new national Rehabilitation Research and Training Centers, one on Disability Inclusive Employment Policy (“DIEP RRTC”) and one on Employer Practices Leading to Successful Employment Outcomes Among People with Disabilities (“Employer Practices RRTC”), both designed to help fill this need. The centers are currently examining ways organizations, including those in th...

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Individuals with Cancer in the Workforce and Their Federal Rights

Cited by 5 publications

References 19 publications

Employment challenges for cancer survivors

Employment challenges for cancer survivors

Workplace health surveillance and COVID-19: algorithmic health discrimination and cancer survivors

Disability-inclusive employment, cancer survivorship, and the Americans with Disabilities Act

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