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Actually, cancer is covered by the ADA and even more so by amendments that came along last year.

This article on the expanded coverage was included in our January 2009 e-Bulletin:

Breaking News!

Did you know that the federal government has expanded the scope of the Americans with Disabilities Act of 1990 (ADA)? On September 25, 2008, President Bush signed into law the ADA Amendments Act of 2008 (ADAAA), which will go into effect on January 1, 2009. Even patients and survivors who previously had been told they did not qualify for protection under the ADA should investigate whether the ADAAA now provides them with the right to reasonable accommodation.

The ADA generally requires an employer, with 15 or more employees, to provide a “reasonable accommodation” to employees and job applicants with qualifying disabilities. A reasonable accommodation is “any modification or adjustment to a job or the work environment that will enable a qualified applicant or employee with a disability to participate in the application process or to perform essential job functions.” (Department of Justice). In other words, giving the employee some form of assistance in doing the job. Reasonable accommodations may include, for example, improving access to the premises by building a ramp, work schedule modifications to give you a break, an ergonomic chair, adjusting schedules to accommodate chemo treatments, job sharing, or providing someone to lift things that you no longer can because of a surgery.

A disability, as defined by the ADA, is a physical or mental impairment that “substantially limits” a major life activity. Since the ADA’s enactment, courts have generally interpreted “major life activity” in a more limited fashion, resulting in fewer people receiving reasonable accommodations.

The ADAAA, however, amends the ADA by giving a broader definition of “major life activity” that includes, seeing, hearing, eating, sleeping, walking, breathing and thinking. Importantly, “major life activity” now also includes “major bodily functions,” such as immune system functioning, normal cell growth, and endocrine and reproductive functions. Additionally, an individual with a disability is not deprived of the right to a reasonable accommodation merely because his or her condition is controlled by “mitigating measures” (something that takes away the symptoms/relieves the obvious problem), such as medications or a prosthetic device, or because the condition is in remission, or because it only arises occasionally.

For more detailed information on the ADA and the ADAAA visit www.eeoc.gov. The U.S. Equal Employment Opportunity Commission is a federal agency that investigates workplace discrimination complaints. If you feel you are being discriminated against in the workplace, you may also contact Cancer and Careers for a referral to an employment discrimination attorney.

Once again, in a case so specifically about your personal legal questions we would recommend that you contact the Cancer Legal Resource Center.

Unemployment Compensation provisions vary from state to state. In Connecticut, you must be in the full time job market in order to collect. I suggest you call your local unemployment office and ask them what you need in order to apply and confirm to them that you are in the full time job market. You may also want to ask them what would disqualify you. Go for it.

Margot Larson

Brenda,
As you know the initial interview is to determine whether the job is a good fit for you and whether you are a good fit for them. You need to determine the requirements and expectations of the position.

Are you capable of performing the job even with or without accommodations? The current statistics are indicating that a job search is taking 21-26 weeks to land a new job. Your timing may be good - start your networking and search now in order to land the job towards the end of your treatment.

If however, you were to get an offer earlier, do you know what accommodations you will require?
Do you how the treatments will impact you? What will be your level of energy? What degree of work flexibility will you require? HR is usually a very demanding role.

I adjusted my career as an HR Consultant during treatment and post-treatment by accepting a virtual position as a career transition coach where I can work from my home office and plan my own schedule of work hours. This provided me with the ability to manage my energy and still enjoy the stimulation of work. Even though my side effects were limited, my energy level was drastically impacted by the chemo and radiation.

Have you considered working as a contractor or in a temporary position which might provide you with a good deal of flexibility?

Consider the primary interview as an exploration. Get a sense of the job, the work environment and the culture of the organization. In the second interview, or if the offer is tendered, you can explore their benefits and flexibility and then make your decision whether it is a good fit. Remember when you have interviewed candidates, health or cancer is not a topic that is discussed.

Margot Larson - Career Coach

Hi, Edie, Last time we spoke you were preparing for an interview and curious how to handle the question of upcoming chemo and radiation. How did the interveiw go? Have you been able to secure that job, or another one? Treatments? Get in touch and let us all know how you are doing. Kathy

Congratulations on landing that interview! This is both an exciting and personally challenging time for you, so I am sure you have some apprehension about handling the interview, especially in light of the uncertainty of the chemo and radiation you are facing. Here are some suggestions, but keep in mind, only you will know what feels right for you and your own personal circumstances.

First, remember that the initial interview is only one of several steps in the job search screening and selection process. It can actually take between 2 and 4 months from initial screening interview to offer, so no need to reveal too much up front. Your job in this first meeting is to wow the interviewer and to learn as much as you can about the job as you can so that you, too, can make a decision about the best fit.

I usually advise candidates to prepare for this interview by reading over the job description and the other materials you have gathered about the firm. Then, prepare your answers to likely interview questions by thinking through your strengths, skills and experience in light of the requirements of the job and what the interviewer will be seeking. Prepare your answer to the initial question,"Tell me about yourself. " by providing your background, education, experience highlights and why you are interested in the role for which you are interviewing.

Then prepare a question that you tag on to the end of your answer. It should go something like this," What can you tell me about the kind of person who you see best filling this role?" The interviewer's answer to that question will give you all the information you need to best position yourself in the remaining time you have for that interview.

Approach this initial interview like you would a first date. Put your best foot forward, but no need to reveal all there is to know about you. Think about how to present your skills and experience in light of what the employer needs. If you keep those needs in the forefront, you will wow the interviewer with your ability to place yourself in the role as you speak.

No need to discuss any upcoming medical treatments or your medical condition in general at the initial interview. Remember, on a first date, you would not necessarily bring up issues about past loves, would you? Same goes for the first interview and your personal situation, regardless of what it is.

There will be time enough to discuss your situation once you pass this first screen. If you are invited back for a second interview, or are offered the position after the first interview (something very rare in today's job market) then you may wish to let the interviewer know that you may have some time related issues to contend with for a few weeks.

It may also be possible that the interview cycle for this position will be longer than the time it takes for you to complete treatment. As I mentioned above, some professional jobs take a long time to fill, so any candidate could expect an interval of 2 - 4 months between first interview and final offer. If this is the case, once you receive an offer, you may be able to delay your start until after treatment is over, or at least until after your chemo rounds are complete.

Everyone responds to treatment in a different manner. You may find that you sail through without any glitches at all. If this is the case, no need to discuss your treatments up front. But if you may need accommodations at the beginning of the job, then working with the firm's HR department if there is one, or the hiring manager in a smaller firm without an HR department should help you get a good start in your new job.

Good luck on this interview! With a confident and professional approach, you'll be sure to get an invitation to a second interview, and you'll be one step closer to landing that job.

Warm regards,
Kathy

The good news is that you are getting interviews. Congratulations on making it to that stage of the job search! That means that you have some good experience and strong resume that sets you apart from the pack. But in spite of that great experience, those difficult questions can throw you for a loop, especially when they touch on areas that are sensitive or have the potential to derail a positive experience if mishandled.

One of the things to keep in mind is that it is very common for individuals to change jobs, to stop out of the workplace for personal or family reasons or to go back to school. So, if asked about gaps in your employment history, be ready with a short, clear answer that does not go into detail about the difficulties of your cancer treatment. Then redirect the conversation with a question of your own that focuses on finding out more about the employer's needs.

Some examples of possible answers could be:

"I took some personal time to rethink my career and brush up my skills in the area of .....and now find that that time allowed me to refocus. I am very excited about using my skills to add value in a firm such as yours. Can you tell me more about.....?"

"I had some family (and/or) health issues to settle. I am happy to report that all is now on an even keel and I am ready and eager to bring my skills to bear in a position such as ..... With the distraction behind me, I am sure I will be a strong asset to my next employer. What else can you tell me about the role?"

Or, your could try being very direct yet positive. "I faced cancer and won. I am proud to say that I am a survivor. I learned a lot from my experience, it has made me appreciate what I can contribute in the world. I am eager to make a difference in a role such as the one we are discussing today."

You can probably tell from the examples I offered that the focus should not be on the cancer, but on the future and what you have to bring to the table. Each person will have to decide how much or how little to reveal about their illness and recovery. Think through your own situation, assess your own comfort level in discussing your past health history, and craft a short, positive answer that focuses on what you have to offer a potential employer. Just like in your recovery, focusing on the future and the possibilities for making a contribution can generate excitement, not only in you, but in future employers as well. Best of luck to you as you continue your search!