Delaware Employment Law Blog

Employee wellness programs are great.  Employers like the cost reductions in insurance and related health-care costs.  Employees like to be able to shoot hoops at lunch or take a yoga class on-site after work.  But what about wellness while you work?  The idea of the treadmill-desk is one I've posted about before.   (See These Pumps Were Made for Walkin').  "Walkstations," as they're known, have been touted as the missing link between a truly obtainable harmony between wellness and the daily corporate grind.

Now, the makers of Trekdesk claim that the benefits of walking while you work are even more substantial.  According to a promotion for the company, you can walk your way to thinness by losing one to two pounds per week, or more, without dieting.  It can help you sleep through the night, help correct back problems, improve your mood, and even reverse and delay aging.  And, according to the manufacturer, “Walking has been shown to prevent colon, prostate and breast cancer along with a multitude of other diseases."  Hence, employees who walk will be helping to prevent cancer.  Pretty lofty claims.

In the end, I am more than a little skeptical of the validity of these expectations.  But, I'm not skeptical about the potential impact on productivity and general health that can result from regular exercise.  Not that I'm committing to the purchase of a TrekDesk quite yet--after all, there are no prices listed on the manufacturer's website.  But I'm willing to keep an open mind. when it comes to wellness.

There are good reasons to terminate an employee.  There are also plenty of bad reasons.  And then there are really bad reasons.  This story is an example of the latter. 

A waitress in Owen Sound, Ontario, was "laid off" after she had her head shaved for a cancer fundraising event.

Stacey Fearnall (pictured) raised more than $2,700 for charity, but when she showed up for work and refused to sport a wig for her shift, her boss told her to take the summer off.

Her employer, Dan Hilliard, says his restaurant has certain standards prohibiting men from wearing earrings and requiring employees to keep their hair at a reasonable length.  Should she agree to wear a wig during her shifts, she's welcome to return.  If not, she should consider herself unemployed until her hair regrows to a "reasonable length."

Hillard acknowledges that his decision to not let Fearnall return to work has been a bit of a public relations disaster. But he stands by it nonetheless, insisting that he has received support from some customers who agree with him and say they would have been "appalled" to have been served at Fearnall's table. 

He also claims that Fearnall, a 27-year-old mother who also works a a plant nursery and as a caterer, was told in advance that the restaurant owners wouldn’t be pleased if she participated in the fundraiser and suggested she find alternative ways to support the cause.

Maybe it's just me but do any of these "reasons" sound legitimate?  This is yet another example of when something can be legally viable and just plain dumb at the same time. 

Source:  TheStar.com

Employers have asked, "How can I help an employee who is returning to work after fighting cancer?"  Most employers know that serious medical conditions and the workplace can make for a dangerous mix but still want to do whatever they can to support their employees during this difficult time.

The American Cancer Society reports that most employees with cancer will return to the workplace during or after their treatment. An article in the New York Times provide some excellent advice on successfully transitioning back to the workplace:  Some suggestions include:

1. Employees should ease back to work. They might just not be physically able to return full time.  Return to work should be seen as a "process" rather than a "day." 
2. Communication is key. Open communication will enable a supervisor to hold back less critical assignments while an employee's strength returns.
3. Keep Co-Workers Involved.  Many co-workers will be concerned about an employee fighting cancer. Concern is good, distraction is not. The article suggests that employees consider using online services to update co-workers about treatment progress so that they are aware of appearance changes and have reasonable expectations about the situation.
4. Shutdown Uncomfortable Conversations.  One of the most common complaints of cancer survivors is co-workers telling stories about relatives who have or had cancer.  While these employees mean no harm, their stories usually are the last thing a survivor wants to hear.  The article suggests that they tell employees that they are sorry about the relative but their situation is different and they feel good.

N.Y. Times article: Continuing to Heal After Returning to Work.

William W. Bowser, a partner in our Employment Law Department, is featured in the Philadelphia Inquirer’s coverage (March 31, 2008; Health & Science) of Delaware’s cancer treatment program. Pictured in the article with Delaware Governor Ruth Ann Minner and state Health & Social Services Secretary Vincent Meconi. Bowser is chairman of the 15-member advisory council formed to develop a cancer-care battle plan for residents of the state.

The article highlights Delaware’s high cancer death rate, and the state’s unique program that provides uninsured residents with free cancer treatment for up to two years. “We wanted to do the things that would make a difference and were possible,” panel chairman Bowser is quoted in the article. He received the National Governor’s Association Award for Distinguished Service to State Government in 2007 for his work as chair of the nationally-recognized Delaware Cancer Consortium.

Delaware's Governor Minner received the Wallace M. Johnson award from the New Castle County Chamber of Commerce in March 2008. The award recognized the Governor's work to reduce cancer incidence and mortality and increase prevention and screening efforts in the First State. On the Governor's blog, she reciprocated the praise by spotlighting some of the groups and individuals who helped change the State's approach to cancer treatment and prevention.

Among those mentioned is our own Bill Bowser, a partner in the Employment Law Department at Young Conaway. Bill is the Chair of the Delaware Cancer Consortium, the group that Governor Minner credits as one of the central reasons for the State's successful initatives.

The Governor writes:

In 2001, we approached a vested group of legislators, business leaders, medical professionals, and concerned Delawareans to form the Delaware Cancer Consortium, which was charged with making recommendations to help reduce our cancer rate. Their recommendations included the Clean Indoor Air Act, the Delaware Cancer Treatment Program, Screening for Life, the Nurse Navigator program, and the Delaware QuitLine, among many others. Because of their help and the leadership of chairman Bill Bowser, we have been able to help families and save lives.

Also worth noting for employers, the Consortium has implemented a workforce/workplace initiative. The Workforce/Workplace Committe is committed to its mission to:

Improve clinical and support services in the workplace to better manage symptoms and rehabilitation and accommodate disabilities associated with the disease. As a result, employers can increase the numbers of cancer survivors who successfully return to work. The dynamics in the workplace—just as in the routine of living—change dramatically for a cancer survivor. Inability to work regular hours can affect finances and health insurance. Social connections may be lost. Professional selfr-espect, self-esteem and satisfaction can suffer. For the employer, productivity may be affected. If there are physical limitations, the employer may alter job assignments, which can enhance employer-employee relations.

Bill's many years of hard work and dedication to the First State's fight against cancer is appreciated by many and the effects of his work have been felt by countless Delaware citizens.

Last Night, I had the honor of presenting the Wallace N. Johnson Citizenship Award to Governor Ruth Ann Minner at the New Castle Chamber of Commerce Annual Dinner. The Governor, through the Delaware Cancer Consortium, has made fighting cancer a priority. As a result, Delaware's cancer incidence rates are declining at four times the national average. Our death rate is declining at twice the national average.

While we are starting to turn the tide on cancer in Delaware, much remains to be done. Here are a couple of thoughts:

First, screening saves lives…and money. The earlier a cancer is detected, the better chance of survival. In fact, some screens can actually prevent a cancer from occurring. If that's not enough to encourage screening, how about this? Early detected cancers are cheaper to treat. That's what you call a win-win-win situation. As a result, employers should take an active role in encouraging their employees to get all appropriate cancer screenings. Have you thought about a floating screening day, so that employees can take off work to get a screen without losing pay?

Second, cancer happens. If your workplace hasn't been touched by cancer yet, it will be. And, 80 percent of cancer survivors return to the workplace during or after treatment. Why not think about and plan for it now? Of course, you will have to meet your obligations under the FMLA and ADA, but there is so much more you can do. It all starts with talking with the employee with cancer. You should first discuss how much information they want to share with co-workers. Some employee will want to keep the diagnosis quiet while others will want to know everything they are going through with their co-workers. Next you can talk about what help do they need? Every employee will have different needs, but most will need some kind of help. For example, one may need meals cooked for her family. Another might need someone to watch his kids so that he can get treatment or just go to a movie. A human resources professional can help by organizing the workforce to meet an employee's needs.

Third, knowledge is power. Most cancers are preventable. An employer can educate its workforce on simple ways to lower cancer risks like quitting smoking, exercising, using sun screen and eating healthy. Numerous non-profits, like the American Cancer Society, offer lunch time programs to provide such information.