AFTER CANCER: WORK AND SCHOOL
Posted on Mar 12, 2009 under Cancer | No CommentWhat is the Australian Disabilities Discrimination Act 1992?
In 1992, the Commonwealth Government passed the Disabilities Discrimination Act, making it unlawful to treat people with a disability less favorably than people without a disability. The areas specifically covered by the Act include employment and work related areas, education, access to public places, using goods, services and facilities, accommodation, land, clubs and associations, sport and Commonwealth laws and programs.
The Act became effective on 1 March 1993. Unless discrimination is ongoing, the Act does not cover incidents which occurred prior to the date of enactment. Actions undertaken by the Commonwealth, State, Territory and local governments, private companies, sporting bodies, clubs, associations and private citizens including employers, service providers, building owners, landlords and land owners are covered by the Act.
To make a complaint or obtain further information on the Disabilities Discrimination Act contact an inquiry officer at the Human Rights and Equal Opportunities Commission on 008 021199.
When Will I Be Ready to Return to Work or School?
If you stopped going to, or deceased your hours at, work or school during your cancer treatments, when you will be ready to return to work or school, and how full a schedule you will be able to handle, will depend on
• how vigorous your treatment was
• how well you are doing physically
• how well you are doing emotionally
• how well things are going at home
• how much flexibility in scheduling your job allows
• the physical and emotional demands of your schoolwork or job
• your financial situation
Should I Return to My Old Job?
Your prior job may no longer be the right job for you, because
• physically or emotionally, you are no longer able to perform the expected duties
• you were unhappy at your job before and feel that this is a good opportunity to make a change
• you were happy at your job before, but because of the changes catalyzed by your cancer experience, you feel that it no longer provides satisfaction
• rightfully or not, you feel that your ability to function effectively has been permanently compromised because your boss and coworkers knew you during your illness
Where Do I Get Help Finding a New job?
If you feel you must look for a new job, find out whether you qualify for a vocational training program or whether your prior employer has or knows of other job opportunities for you.
Do I Have to Tell Prospective Employers about My Cancer History?
No. While it is not unlawful to ask for a medical examination of job applicants, under the Australian Disabilities Discrimination Act 1992, medical examinations should only assess whether applicants are fit to perform the “inherent requirements” of the job, not their general state of health. An employer cannot refuse to employ an applicant on the basis of a medical exam that discloses a disability unrelated to the “inherent requirements” of the job.
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