American Cancer Society Seeks to Protect Cancer Patients from Discrimination

American Cancer Society
Wednesday, 11 October 2000

The American Cancer Society, the nation's leading voluntary health organization, has filed an amicus brief (friend of the court) in a case challenging the Americans with Disabilities Act (ADA) to be heard today before the United States Supreme Court. The case, University of Alabama at Birmingham Board of Trustees, et al, v. Patricia Garrett, et al., will test whether the states are subject to the ADA. The American Cancer Society is concerned that, should this challenge to the ADA succeed, states will be able to discriminate against people on the basis of their cancer diagnosis.

In this case, the state of Alabama is arguing that portions of the ADA are unconstitutional because Congress does not have authority under the Eleventh Amendment to allow individuals to sue the states. However, according to the American Cancer Society, Congress appropriately used its authority under the Fourteenth Amendment to remedy a pattern and practice against people with disabilities including cancer survivors. If there is a decision against the ADA, the American Cancer Society contends it would turn back the clock to a time when people with cancer were not adequately protected from discrimination by states.

The ADA was made law in 1990. It has been viewed by many as providing tremendous social progress because the ADA enables persons with cancer to prove that they are as effective as other workers. The American Cancer Society reports that through its National Cancer Information Center, they regularly hear complaints about employment discrimination on the basis of a cancer diagnosis. "Although we have made tremendous strides and progress in cancer education, prevention and treatment, cancer patients and survivors must still endure enormous challenges before they overcome this disease," said David Zacks, national board treasurer of the American Cancer Society.

"Cancer patients should not have to contend with the added stress and anxiety of whether they still have a job to help pay for their treatment," added Zacks. "The Americans with Disabilities Act protects people so they do not have to face discrimination and hardship in their jobs."

Former President George Bush, who originally signed the ADA into law, also filed an amicus brief in this case stating that, "the Americans with Disabilities Act signaled the end to unjustified segregation and exclusion of persons with disabilities from mainstream American life," so that, "every man, woman and child with a disability could pass through once-closed doors into a bright new era of equality, independence, and freedom."

According to the American Cancer Society, one in two men and one in three women in this country will be diagnosed with cancer in their lifetime.

"Cancer should not always be seen as a disability," said Zacks. "It's a disease that can be overcome. Cancer is often no longer a death sentence, and it should not be seen as a pink slip."

The American Cancer Society is the nationwide community-based voluntary health organization dedicated to eliminating cancer as a major health problem by preventing cancer, saving lives and diminishing suffering from cancer, through research, education, advocacy and service.

For more information, or to contact American Cancer Society, see their website at: www.cancer.org