New York Lawyer
May 18, 2006

Q:
I started chemotherapy a couple months ago.

I am in my mid-twenties and a junior associate and have only been at my firm for 9 months.

I don't want to tell anyone because I don't want to be treated differently. It has not impacted my work product at all. I have been doing a good job, working long hours, and enjoy the level of responsibility and trust I am given. I have been told I am doing well and I don't want to ruin what I have going.

At the same time, I know that I may need to be treated differently (if I need to run from a meeting to throw up). Do I have an obligation or duty to tell anyone I'm sick and/or on chemo? If so, who do I need to tell?

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A:

While I understand your concerns about keeping this information private (more on this below), you are taking a significant risk by not revealing the information to anyone in your firm. If you inform an appropriate person, you potentially come under the aegis of such statutes as the Americans with Disabilities Act and other possible laws that give protection to people such as yourself. If the workplace doesn't know about your problem, they can legitimately downgrade you (or even terminate you) if there are slipups in performance due to absences, erratic behaviors, etc. If they are aware of your condition, they will most likely have an obligation to reasonably accommodate you. Also, if you are taking medications or undergoing medical treatment that could potentially affect your performance, you have an obligation to tell management in that instance.

The workplace is also obligated to keep your situation confidential. You only need to tell a responsible member of management, such as the HR person, and stress that you expect that the information will be kept absolutely confidential. Be advised, however, that whomever you tell may have an obligation under some circumstances to advise other members of management about your condition. They generally can't inform co-workers, and therefore you should be able to maintain your privacy.

Having said all this, you will need to gauge who you tell and who you don't. I agree with you that it's all too easy to be treated as "different" in such a situation, and for perceptions to color people's attitudes (affecting the assignments they might give you and their general willingness to commit to you and your future at the firm). While such attitudes, if provable, are actionable, oftentimes there isn't much to prove except an uneasy sense that people don't think of you the same way they used to. Bear in mind that while there can be some negative reactions, often co-workers and supervisors will rally round and be supportive of someone in your position.

It may be that you will find it necessary to tell others, if your condition becomes more obvious, or you have medical requirements that require you to miss some work, etc. If that time comes, I would suggest you handle it in a straightforward manner that acknowledges your situation but doesn't dwell on it. You can simply refer to "health issues" that you are handling and that you can continue your work schedule with perhaps some accommodation necessary. Emphasize that you love your work and switch the subject to the latest matter at hand.

P.S. A reader writes in response to last week's answer, regarding the ruminations that an upcoming summer associate had about doing pro bono: "You missed a viable alternative -- not all pro bono is litigation. At my firm we encourage associates from all areas to do pro bono and actively seek corporate opportunities. This has included corporate formations for not-for-profits; IP work on licensing issues for a woman's collective and similar work. Corporate lawyers are not immune to nor unable to do pro bono work."

Sincerely,
Holly English
Principal Consultant, Values at Work