Legal Question in Disability Law in Colorado
What rights do chronic cancer patients have with small business employers?
I have been diagnosed with cancer twice in the past 1.5 years. I am now considered ''incurable'' and ''chronic''. I work for a small company with only 11 employees - at the most. I am the accountant. I have had a lot of medical appointments throughout the last 3 years including surgeries, chemo, radiation and follow ups. My work has been accommodating for those appointments, BUT my boss has on numerous times pointed out how accommodating they have been and has made comments that if I worked for a larger company, they wouldn't be (not so, the FMLA would have protected me). I recently asked to have a schedule change - we are open 7 days a week to help out with a family matter unrelated to my illness. He told me absolutely not, couldn't give me a definate reason and brought up how accommodating they have been with my doctors appointments again. I can't help but to think his decision was based on my medical issues. With all the appointments I have had to have in the past, I have not at all faultered in my work load, never been spoken to about it and continue to get good reviews. Do I have any rights in this matter? Can I prove that I am being descriminated against? Am I considered disabled if I am a ''chronic'' cancer patient?
1 Answer from Attorneys
Re: What rights do chronic cancer patients have with small business employers?
Because your employer has less than 15 employees, you are not covered by the federal Americans With Disabilities Act. Colorado does have a somewhat similar anti-discrimiantion act that applies to employers of less than 15. Whether you are considered disabled is a fact-intensive question and not one that can be dealt with an email.
If you are considered disabled, your employer's refusal to change your schedule would perhaps be discrimination if it treats nondisabled people differently in the same situation.
Employers are free to set their employee's schedules unless a schedule change is necessary as a reasonable accommodation to a person's disability or FMLA applies. Colorado does not have a law similar to FMLA and as you already know, you are not covered by FMLA because their are less than 50 employees.
You should have a consultatation with an employment lawyer to discuss your situation in detail.
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