More details to this question:
If you find that one of your employees has a illness (such as cancer), is it lawful to maintain them as an employee performing duties as normal or is it best to NOT utilize them as employees.
Will the company (us) be liable if anything happens to her?
1 ANSWER
Samir Dahman
In all likelihood it is lawful to maintain an employee with a chronic illness, such as cancer, in a position that reasonably accommodates them. In fact, it might be a violation of the Americans with Disabilities Act if you don't.
The ADA states that a covered entity shall not discriminate against an individual with a disability.
Generally, a covered entity is an employer engaged in interstate commerce and having 15 or more workers. Discrimination may include, among other things, limiting or classifying a job applicant or employee in an adverse way, denying employment opportunities to people who truly qualify, or not making reasonable accommodations to the known physical or mental limitations of disabled employees, not advancing employees with disabilities in the business, and/or not providing needed accommodations in training materials or policies, and the provision of qualified readers or interpreters. Disability is defined by the ADA as "a physical or mental impairment that substantially limits a major life activity".
Answered on Oct 12th, 2012 at 9:01 AM