Breast Investigators

To Share or Not to Share . . .

When navigating current or future work opportunities, people with a history of cancer face important questions about what information to disclose to an employer: from deciding whether or how to explain gaps in employment on a resume, or how to ask an employer for time off or a reasonable accommodation.  However, in this contemporary age of blogs, tweets, and status updates, sometimes the most damaging information that an employer has access to won’t come from a cover letter, resume, or water cooler discussion—it will come from how you live your personal life in the public realm of the internet, via social media sites such as Twitter and Facebook.  People affected by cancer should consider being especially cautious when posting information about their personal lives online because of possible implications for their professional careers.

Cancer and Careers—a terrific employment resource for people dealing with the practical aspects of being an employee or job applicant with cancer—cautions applicants with a history of cancer from revealing too much on social media sites:  many companies do online searches to find information about prospective or current employees.  Having a LinkedIn account or website highlighting your professional experience can be helpful, but putting too much personal information online can potentially be harmful.  If you blog, tweet, or update your Facebook status about how you are feeling after a recent chemo treatment, for example, your cancer diagnosis is now public information, even if you’d hoped to keep your health information private at work.

Generally, employers are not allowed to discriminate against job applicants and employees with a history of cancer (for example, the Americans with Disabilities Act (ADA) prohibits employment discrimination against qualified individuals with disabilities, and cancer can be considered a disability under this and other employment laws).  However, it is still sometimes in a person’s best interest not to disclose too much private information in the very public venue of the Internet.  In our global, electronic age, these types of “disclosures” occur all the time: social media sites contain boundless opportunities to fill out profiles with information that will be shared with friends, family, and anyone else with access to the internet.  People unfamiliar with privacy settings  inadvertently share more information than they intended.  The more specific information you include, the more an employer knows about your life, for better or worse.

While employers may be watching conventional social media sites for this type of information, employees with cancer can still benefit from the support systems social media sites provide by using sites that are specifically tailored to people coping with a serious medical condition, such as cancer.  There are two organizational partners of the CLRC that host these types of sites: MyLifeLine.org and CaringBridge.com.  For example, MyLifeLine.org, a site that provides free, personal websites specifically for cancer patients, has a built-in feature called the “Helping Calendar” that can let friends and family members know about a patient’s chemotherapy and radiation schedules, so patients can get help with rides or have a loved one accompany them to the doctor’s office.  This effective tool can keep friends and family in the loop, and make it easier to ask others to help out—reducing the need for any one spouse or child of a cancer patient to take off significant periods of work to care for a loved one, and coming together as a community to offer support to those we know need it.

Another particularly significant feature of a different social media site, CaringBridge.com—a website that provides free, personal websites for all types of people undergoing significant health challenges—is that the site is not searchable.  In fact, according to the website’s privacy statement, “[t]he only way to receive the CaringBridge website name of a particular patient is by receiving it from the person who created the CaringBridge website (the Author) or by someone they designate to share the website name.”  In the context of employees or job applicants wanting to protect their privacy, these types of features are particularly important to keep in mind.

In the end, there is no guidebook for what to share and what to keep personal—but remember this: be cautious!  The internet is an accessible and lasting place!  Keep using the sites you enjoy or try new options, but keep in mind that your friends might not be the only ones who can see what you “like,” “tweet,” or “post!

RE-ENTERING THE WORKFORCE

If you are getting ready to get back to work after a short or long term period of leave, there are some legal protections and government programs that may help you transition back to work.

Continuing Disability Insurance Benefits

If you received benefits from one of the two federal disability benefits programs, Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI), you may be able to take advantage of a program that allows you to test your ability to return to work, while protecting your eligibility for cash benefits and health care coverage.  While attempting to return to work, you may keep full cash benefits, keep Medicaid (for SSI) or Medicare (for SSDI), and receive help with education, training, and rehabilitation.  The trial work period lasts up to a total of 9 months, within a 60-month period.  Then, you have 36 months to work and receive benefits for any month that your earnings are not “substantial.”  In 2011, earnings of $1,000 or more, per month, are considered “substantial.”  If you are unable to continue working after this period, your benefits will resume.  The Social Security Administration’s “Ticket to Work Program” supports this trial period by, in addition to allowing continued benefits during this period, also helps you obtain vocational rehabilitation, training, job referrals, and other employment support services free of charge.

For more information about the “Ticket to Work Program,” please visit: http://ssa.gov/work/aboutticket.html

Job Accommodations

The Americans with Disabilities Act (ADA) prohibits discrimination in all employment practices against qualified employees with disabilities, who can perform the essential functions of their job, with or without reasonable accommodations.   A reasonable accommodation is any change or adjustment in the work environment, or to the way things are customarily done, that enables an individual with a disability to enjoy equal benefit and employment opportunities.

Since ADA protections cover all phases of the employment process, this includes job applicants as well as employees.  When starting to interview again after treatment or returning to their workplace after a leave of absence, many people are understandably worried about whether they have to disclose their cancer diagnosis and treatment.  The answer to that concern is generally no.

A potential employee does not have to disclose a medical condition or a need for reasonable accommodations on an application form or in an interview, unless the accommodation is required for the application or interviewing process.  Additionally, the employer may not ask whether you have a disability or about the nature or the severity of a disability (even if the disability is visible).

Employers may, however, ask about your ability to perform job-related functions as long as the questions they ask are not designed to elicit disability-related information.  For example, a potential employer may not ask you if you took medical leave or sick time at a previous job, or how much time you took off.

 

Determining the best moment to tell a potential employer about the need for reasonable accommodations is a personal decision.  Often you cannot accurately judge whether you need accommodations until you know more about the job and the work environment, which may only arise after working there for some period of time.  Some people choose to inform the employer during the application process, after they understand the job requirements.  If you choose to reveal your cancer diagnosis or other disability, then the employer may ask if you will need an accommodation—but that’s it.

It’s important to know, however, that an employer is required to take reasonable steps to accommodate a person with a disability, unless it would cause the employer an undue hardship.

Another instance where you may have to disclose information about having a serious medical condition, is when requesting leave under the Family Medical Leave Act or another type of leave policy.  In those instances, you may have to provide documentation that you have a serious medical condition, but generally should not have to disclose your specific diagnosis or treatment.

It is important to note that each law that provides protections may cover employers of different sizes.  For example, the ADA only covers private employers with 15 or more employees.  However, many states have their own fair employment laws that provide employees with protections similar to the ADA that cover smaller employers and some even specifically list cancer as a disability.

For more information, contact the Cancer Legal Resource Center (CLRC) at 866-THE-CLRC (866-843-2572) or CLRC@LLS.edu, the Job Accommodation Network (JAN) at 800-526-7234 or www.askjan.org, or your state’s fair employment agency.