Job Protections for Those with 9/11 Cancers

If you or a loved one has been diagnosed with a type of cancer associated with 9/11 exposure, it is crucial to be informed about the rights and job protections available to you. The legal framework surrounding 9/11-related cancers and illnesses can be complex, but a clear understanding of these laws and the corresponding job protections can help safeguard your employment while you undergo necessary medical care and recovery. 

Cancer and the ADA

Cancer is considered a disability under the Americans with Disabilities Act (ADA), which prohibits discrimination against individuals with disabilities in the workplace. In the context of this act, employers are required to provide reasonable accommodations to employees with disabilities, enabling them to execute their job duties effectively. If your 9/11 cancer substantially hinders one or more major life activities, you may have a legal right to reasonable accommodations at your workplace. These accommodations can include modified work schedules, temporary reassignment, or adjustments to work environments to accommodate your medical needs.

Cancer and the FMLA

The Family and Medical Leave Act (FMLA) provides eligible employees with up to 12 weeks of unpaid, job-protected leave for medical reasons, including the diagnosis and treatment of a serious health condition such as 9/11 cancer. If you qualify for FMLA leave, your employer is required to maintain your group health insurance coverage during your leave period. Additionally, upon returning from FMLA leave, your employer must reinstate you to the same position or an equivalent position with equivalent pay, benefits, and working conditions.

Paid Sick Leave for Federal Contractors

If you work for a federal contractor, you may be eligible for paid sick leave under the requirements of the Federal Acquisition Regulation (FAR). The FAR requires certain federal contractors to provide their employees with up to 56 hours of paid sick leave per year. This paid sick leave can be utilized for a range of reasons, including diagnosis, cancer treatment, or preventive care related to 9/11 cancer.

Preventing Discrimination Against 9/11 Cancer Patients

Although the Americans with Disabilities Act (ADA), Family and Medical Leave Act (FMLA), and Federal Acquisition Regulation (FAR) offer significant job protections for individuals grappling with cancer, the unfortunate reality is that discrimination can happen. 

The importance of preventing discrimination against 9/11 cancer patients cannot be overstated. Despite the existence of important job protections under the ADA, the FMLA, and the Federal FAR, it is unfortunate that discrimination can, and often does, still occur against individuals with cancer, particularly those who developed cancer as a result of their exposure during the September 11th attacks. This is a serious concern and one that requires careful navigation to protect the rights and well-being of individuals affected by such health conditions and to prevent discrimination in the workplace.

The first step in preventing discrimination is being aware of your rights. Individuals diagnosed with cancer, including those cases linked to 9/11 exposure, are covered under the ADA, FMLA, and FAR, which collectively work to ensure job security, reasonable accommodation, and a discrimination-free workplace. Understanding these legal provisions is paramount in arming yourself with the necessary knowledge to confront potential discriminatory practices.

Unfortunately, despite these protections, there may be instances where an employer might act in discriminatory ways. This could manifest in the form of unfair treatment, refusal to provide reasonable accommodations, or even termination due to one's health condition. In such cases, seeking the counsel of an experienced 9/11 attorney is crucial in navigating the process of addressing discrimination. An attorney who specializes in 9/11-related legal matters can guide you through the complexities of filing a complaint with the appropriate authorities and provide valuable advice on how to protect your rights and seek the job protections you are entitled to under the law

If you suspect that you have been subjected to discriminatory practices due to your 9/11-related cancer, it is essential to take immediate action. You will need to document incidents of discrimination or unfavorable treatment, including dates, times, and details of each incident. Gathering evidence such as emails, memos, or witness statements can strengthen your case. It is also important to keep track of any medical records, doctor's notes, or treatment plans related to your 9/11-related cancer.

Is It Necessary to Disclose Sensitive Medical Information?

One common concern for individuals with 9/11-related cancer is whether they are required to disclose sensitive medical information to their employer. Whether disclosure of specific information is required or not depends on various factors, including the nature of your job, the accommodations you may require, and the applicable laws in your jurisdiction. In general, you are not required to disclose specific medical details unless it is necessary to request reasonable accommodations or access job-protected leave under the ADA or FMLA.

Working with the VCF and WTCHP

In addition to job protections, it is important to explore the available avenues for health and compensation related to your 9/11-related cancer. In 2011, the federal government passed the James Zadroga 9/11 Health and Compensation Act, which established two programs to provide compensation and medical treatment to those affected by the attacks: The World Trade Center Health Program (WTCHP) and the Victim Compensation Fund (VCF).

The WTCHP provides medical monitoring and treatment for certified individuals suffering from 9/11-related physical or mental health conditions, including various types of cancer such as prostate cancer, leukemia, Hodgkin lymphoma, and uterine cancer. The WTCHP covers WTC responders and survivors who were present in the Exposure Zone between September 11, 2001, and July 31, 2002, as well as surviving family members who lost a loved one in the attacks. A WTC Health Program administrator makes a determination of eligibility for enrollment in the program based on a variety of factors. 

The VCF provides financial compensation to individuals who have suffered from 9/11-related health conditions or to those who have lost loved ones as a result of the 9/11 attacks or a 9/11 cancer or illness. The VCF provides for both economic and non-economic losses, including lost wages and benefits, medical costs, and pain and suffering. The VCF is available to survivors and responders who were exposed to 9/11 dust and debris between September 11, 2001, and May 30, 2002. 

Registration and claims filing processes and deadlines vary between the two programs. Working with the WTCHP and filing a claim with the VCF can provide additional support and resources during your fight against cancer.

Consult a 9/11 Attorney for Guidance

Navigating the intricate legal landscape surrounding 9/11-related cancers can be complex and overwhelming, particularly when grappling with the physical and emotional toll of a challenging health condition like cancer. Consulting with a seasoned 9/11 attorney who specializes in representing victims of the attacks can provide invaluable guidance and support. We can help you understand your rights, navigate the job protections available to you, and ensure that you receive the accommodations and support you need while undergoing treatment and recovery.

At Hansen & Rosasco LLP, our team of dedicated 9/11 attorneys is committed to advocating for the rights of individuals afflicted with 9/11-related cancers. We understand the unique challenges you face and are here to offer compassionate legal assistance tailored to your specific circumstances. Whether you need help understanding your job protections, filing a claim with the WTCHP or VCF, or addressing discrimination in the workplace, we are here to guide you every step of the way. Contact our experienced 9/11 attorneys today to receive the guidance and representation you deserve during this challenging time.