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 MICHAEL L. SPEKTER
As an attorney and a young adult who had survived cancer (Hodgkins Disease) I decided that I wanted to provide help and assistance to those who were going through a similar experience. After all, if I had questions about my rights as an employee-- how my diagnosis would affect obtaining health insurance-- and whether any future employers or insurance carriers could legally inquire about my health status, then I was sure that others had those same questions. Also, I had a deep and abiding conviction that I had not gone through all of the medical treatment to be considered a second class individual. As a result, I have been involved with Cancervive almost since its beginning.
As you make your way from the realm of survival back into society you probably have some legal questions. First of all, take heart that most employers and fellow employees will welcome you back and help you get back on your feet. Things have changed a lot since the early 1950's , when a study commissioned by AT&T actually found that a large percentage of people thought that cancer was a contagious disease.
Also, Employment Law has made great strides in the past 25 years. We now have the Rehabilitation Act (which applies to federal contractors and federal employees), the Americans with Disabilities Act (ADA) which prevents discrimination based on a disability or a perceived disability, the Civil Rights Act of 1964, which prevents discrimination based on a number of protected criteria and classes of individuals, and the Age Discrimination in Employment Act (ADEA) which prevents discrimination against workers over 40 years of age. In addition there are numerous state, and local statutes which protect employees. All this has spawned a great surge in individuals, like myself, who specialize in Employment Law as a separate and distinct specialty.
Your first line of defense (or offense as the case may be) is to check out the Yellow Pages, the Web (try Findlaw.com from Thompson-West, or Lexis-Nexis for starters) or your local bar association to locate an employment law specialist. Although the federal laws sited above apply nationwide, sometimes local statutes and laws are more effective and easier to use. I cannot emphasize enough how important it is to check with someone locally to make sure that you do not let any statutes of limitations slip by. There are time limits and they can vary.
Although Cancervive does not provide legal advice or individual representation, we urge you to make sure that if you have a legal question that you take all steps to get the information you need to solve the problem. If we can help you on that path, then please get in touch.
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