The Workplace Discrimination Experiences of Individuals with Cancer in the Americans with Disabilities Act Amendments Act Era

Leslie, Mykal; Strauser, David R.; McMahon, Brian T.; Greco, Chelsea E.; Rumrill, Phillip D.

doi:10.1007/s10926-019-09851-4

Cited by 7 publications

(7 citation statements)

References 14 publications

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“…The findings suggest that employers, as compared to employees themselves, may attribute an unfounded and larger impact of cancer on employee ability to work and performance [ 36 ]. Another study found that individuals with cancer were more likely to make discrimination claims than those with other non-cancer-related disabilities [ 8 ]. These studies highlight the challenges that workers with less visible disabilities, such as cancer survivors, face at work, and which impact their decisions to disclose or conceal their health conditions.…”

Section: Research On Disability Disclosure In the Workplacementioning

confidence: 99%

“…Prior research has explored individual determinants of disability disclosure in the workplace and differences by type of disability. Existing literature documents disclosure experiences of cancer survivors and those with chronic health conditions, highlighting the unique issues these individuals face [ 5 , 8 , 9 , 33 , 36 ]. However, lawyers and legal professionals are understudied in the literature on disability disclosure.…”

Section: Research On Disability Disclosure In the Workplacementioning

confidence: 99%

“…The Americans with Disabilities Act (“ADA”) typically covers workers who have cancer, those who have cancer that is in remission, and those who have a history of cancer [ 7 ]. Nonetheless, despite this coverage, many cancer survivors do not make use of the Act’s protections [ 8 ]. In fact, studies show that cancer survivors hesitate to disclose that they have or have had cancer, typically a step needed to make use of the protections granted under the ADA [ 9 ].…”

Section: Introductionmentioning

confidence: 99%

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Diversity and inclusion in the legal profession: disclosure of cancer and other health conditions by lawyers with disabilities and lawyers who identify as LGBTQ +

2022

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Purpose Given the training and experience of lawyers, we assumed that a study of lawyers’ willingness to disclose disability in the workplace would provide an example of the actions of a group knowledgeable about disability law. The current study accounts for the effect of visibility of disability, onset and type of disability, and whether the lawyer has made an accommodation request. We also investigate the role of other individual characteristics, such as sexual orientation, gender identity, race/ethnicity, age, and job-related characteristics, in willingness to disclose. Methods We use data from the first phase of a longitudinal national survey of lawyers in the USA to estimate the odds of disclosing disability to co-workers, management, and clients using proportional odds models. Results Lawyers with less visible disabilities, those with mental health disabilities, and those who work for smaller organizations have lower odds of disclosing to co-workers, management, and clients as compared to their counterparts. Attorneys who have requested accommodations are more willing to disclose as compared to those who have not, but only to co-workers and management. Women are less likely than men to disclose to management and clients. However, gender is not a significant determinant of disclosure to co-workers. Older attorneys are more likely to disclose to clients, whereas attorneys with children are less likely to disclose to co-workers. Lastly, lower perceived prejudice and the presence of co-workers with disabilities are associated with higher disclosure scores, but not for all groups. Conclusions Individuals who acquired a disability at a relatively early point in life and those with more visible disabilities are more likely to disclose. However, such willingness is affected by the intersection of disability with other individual and firm-level characteristics. Implications for Cancer Survivors. The findings imply that those with less visible disabilities and with health conditions acquired later in life are less likely to disclose. The relevance of the findings is heightened by the altered work conditions and demands imposed by the COVID-19 pandemic for cancer survivors.

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Section: Research On Disability Disclosure In the Workplacementioning

confidence: 99%

Section: Research On Disability Disclosure In the Workplacementioning

confidence: 99%

Section: Introductionmentioning

confidence: 99%

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Diversity and inclusion in the legal profession: disclosure of cancer and other health conditions by lawyers with disabilities and lawyers who identify as LGBTQ +

2022

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“…The Americans with Disabilities Act (“ADA”) provides that cancer of a significant and lasting degree may be a disability for purposes of its antidiscrimination provisions [ 28 , 29 ]. While people undergoing cancer treatment may request and benefit from reasonable accommodations at work in reliance on ADA provisions [ 30 ], cancer survivors are not consistently using such protections and making such requests [ 31 , 32 ]. Furthermore, interactive communication between employers and workers across the cancer journey remains challenging [ 33 , 34 ].…”

Section: Introductionmentioning

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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“…Currently, individuals with chronic health conditions such as cancer assert among the highest rates of ADA complaints regarding the failure to make reasonable accommodations in the workplace [ 29 ]. Cancer survivors also experience unique attitudinal and structural bias in the workplace, and in the media [ 30 ], as compared to individuals with other disabilities [ 31 ].…”

Section: Introductionmentioning

confidence: 99%

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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The Workplace Discrimination Experiences of Individuals with Cancer in the Americans with Disabilities Act Amendments Act Era

Cited by 7 publications

References 14 publications

Diversity and inclusion in the legal profession: disclosure of cancer and other health conditions by lawyers with disabilities and lawyers who identify as LGBTQ +

Diversity and inclusion in the legal profession: disclosure of cancer and other health conditions by lawyers with disabilities and lawyers who identify as LGBTQ +

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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