EEOC Issues New Disability Guidance Regarding Cancer

September 12, 2005

The EEOC has, as part of its on-line Question and Answer Series, recently issued guidance regarding whether cancer is a disability under the Americans with Disabilities Act (“ADA”). The ADA is a federal law that prohibits employers with 15 or more employees from discriminating against individuals with actual or perceived disabilities. Most states, including Texas, have an equivalent state law that affords similar protections and remedial relief.

The EEOC’s latest publication explains how the ADA applies to job applicants and employees who have, or have had, cancer and includes the following topics:

  • When cancer constitutes a disability under the ADA
  • When employers may make cancer-related inquiries
  • What medical information/documentation employees must provide to support an accommodation request
  • What types of reasonable accommodations employers should offer
  • What information employers may share with coworkers
  • How employers can ensure they do not discriminate against cancer victims

For more detailed information regarding this subject, please see Questions and Answers About Cancer in the Workplace and the Americans with Disabilities Act (ADA) at

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