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Employment Law

I've Got Cancer. Am I Protected from Discrimination?

5 February 2025 · Morgan Couzens Legal

The short answer is yes.

Cancer can be considered a 'physical disability' within relevant anti-discrimination laws and is consequently a protected attribute. You cannot be treated less favourably by your employer (and in some other situations) because you have cancer.

Additionally, under various State laws and Federal law, your employer has to make 'reasonable adjustments' to support you to remain in your job.

The Fair Work Act 2009 also protects you from dismissal for taking personal leave, and allows you to request flexible working arrangements from your employer.

Your Award or enterprise agreement might give you additional entitlements and you should check your rights.

If you are facing difficulties with your employer, and you think it is because you have been diagnosed with cancer, make sure to seek advice from an appropriate expert about your options and the discrimination laws that apply to your situation.

If you would like advice in relation to any employment concerns, including discrimination in the workplace, please feel free to get in touch with Morgan Couzens Legal on (03) 5722 4681.

The information provided in this article is produced for guidance purposes only and is not legal advice. The information contained in this article is based on the current state of the law at the time of writing. The law may have changed since this article was written.

Morgan Couzens Legal does not accept liability for any loss or damage arising from reliance on the content of this or any article produced by Morgan Couzens Legal. Liability is limited by a scheme approved under Professional Standards Legislation.

Legal advice should be sought for your individual circumstances. For advice tailored to your individual circumstances, please contact us by telephone on (03) 5722 4681.