Legal Rights in the Workplace: A Guide for Employers Supporting Employees with Breast Cancer

Breast cancer affects one in eight women in the United States, according to the National Cancer Institute, and many individuals continue their professional careers while undergoing treatment. For employers in Albany, Saratoga Springs, and across the Capital Region, understanding workplace rights and responsibilities is essential. Compliance not only legally protects your organization but also fosters a supportive workplace culture that benefits both employees and businesses.

At O’Connell & Aronowitz, our employment law team advises employers how to navigate these obligations with clarity and confidence.

Key Legal Protections Employers Must Know

Employees diagnosed with breast cancer are protected under several federal and state laws. Employers must be aware of these protections to avoid legal risk and ensure compliance.

1. Americans with Disabilities Act (ADA)

The ADA prohibits discrimination against employees with disabilities, which can include breast cancer. Employers must provide reasonable accommodations that enable employees to perform essential job functions, such as:

• Adjusted work schedules for treatment or recovery
• Remote or hybrid work options
• Temporary reassignment of non-essential duties

Employers should engage in an interactive process with employees to determine appropriate accommodations.

2. Family and Medical Leave Act (FMLA)

The FMLA provides eligible employees with up to 12 weeks of unpaid, job-protected leave per year for serious health conditions. Employers must:

• Maintain group health insurance during the leave period
• Reinstate employees to the same or equivalent position upon return
• Avoid retaliation for taking leave

Examples include time off for surgery, chemotherapy, or recovery.

3. New York State Protections

In addition to federal laws, New York offers broader workplace protections:

• New York State Human Rights Law prohibits discrimination based on disability or medical condition.
• Employers with four or more employees must comply.

Failure to meet these obligations can result in significant legal consequences.

Reasonable Accommodations: Employer Best Practices

Employers must provide accommodations that are reasonable and do not cause undue hardship. Examples include:

• Flexible scheduling for medical appointments
• Adjustments to job duties or workloads
• Private spaces for rest or treatment-related needs
• Ergonomic workstations to reduce strain

Clear communication and documentation are critical. Employers should create a structured process to handle accommodation requests and ensure decisions are consistent and compliant.

Avoiding Workplace Discrimination

Employers must remain vigilant against discrimination or retaliation. Risk areas include:

• Denial of promotions or raises due to medical condition
• Termination or demotion linked to an employee’s diagnosis
• A hostile or unsupportive work environment

To mitigate risks, employers should:

• Train managers and supervisors on legal obligations
• Encourage open communication with employees undergoing treatment
• Document all discussions and decisions related to accommodations or leave

Why Legal Guidance Matters

Employers often want to do the right thing but may be unsure how to balance employee needs with operational requirements. Partnering with an experienced employment law team helps ensure compliance while maintaining a supportive work culture.

At O’Connell & Aronowitz, we counsel employers in Albany, Saratoga Springs, and the Capital Region on:

• ADA and FMLA compliance
• Responding to accommodation requests
• Preventing discrimination or retaliation claims
• Developing policies that support employees and protect businesses

Contact O’Connell & Aronowitz today at 518-462-5601 or visit oalaw.com to ensure your organization is meeting its legal obligations while fostering a workplace culture of fairness, support, and compliance. Our employment law team provides practical, proactive guidance tailored to employers across the Capital Region.