DOCUMENT RESUME ED 306 749 EC 212 813 TITLE Hearing on Discrimination against Cancer Victims and the Handicapped. Hearing before the Subcommittee on Employment Opportunities of the Committee on Education and Labor. House of Representatives, One Hundredth Congress, First Session. INSTITUTION Congress of the U.S., Washington, D.C. House Committee on Education and Labor. PUB DATE 17 Jun 87 NOTE 119p.; Serial No. 100-31. Some pages contain small, light print. AVAILABLE FROMSuperintendent of Documents, Congressional Sales Office, U.S. Government Printing Office, Washington, DC 20402. PUB TYPE Legal/Legislative/Regulatory Materials (090) EDRS PRICE MF01/PC05 Plus Postage. DESCRIPTORS *Cancer; *Civil Rights Legislation; *Disabilities; *Equal Opportunities (Jobs); *Federal Legislation; *Handicap Discrimination; Hearings; Private Agencies; Public Agencies; Public Policy; State Legislation; Voluntary Agencies IDENTIFIERS Attitudes Toward Disabled; Congress 100th ABSTRACT This hearing was held to receive testimony on private- sector employment discrimination against individuals with cancer and individuals with handicaps. The testimony related to two bills: H.R. 1546, to prohibit discrimination against cancer patients, and H.R. 192, to prohibit employment discrimination against individuals with a disability or a perceived disability. The hearing transcript contains the oral statements, prepared written statements, letters, and supplemental materials from: (1) Mario Biaggi and John Moakley, Representatives in Congress; (2) representatives from private organizations, including National Coalition for Cancer Survivorship, Metropolitan Washington Area Candlelighters, and CANCERVIVE; (3) representatives from colleges, including Gallaudet University and the Training and Research Institute for Adults with Disabilities at Boston College; (4) government agencies, including the Massachusetts Commission Against Discrimination and the Niles Township Sheltered Workshop; and (5) a cancer survivor and an individual with a disability. Also included is a report from the Congressional Research Service titled "Survey of State Statutes Concerning Employment Discrimination of Handicapped Persons." (JDD) *****************x***************************************************** * Reproductions supplied by EDRS are the best that can be made * * from the original document. * *********************************%************************************* Cr% HEARINUN DISCRIMINATIO N AGAINST CANCER VICTIMS AND THE HANDICAPPED HEARING BEFORE THE SUBCOMMITTEE ON EMPLOYALENT OPPORTUNITIES OF THE COMITTEE ON EDUCATION AND LABOR HOUSE OF REPRESENTATIVES ONE HUNDREDTH CONGRESS FIRST SESSION HEARING HELD IN WASHINGTON, DC, JUNE 17, 1987 Serial No. 100-31 Printed for the use of the Committee on Education and Labor U.S. DEPARTMENT OF EDUCATION Office of Ecticabona! Research and Improvement EDU ATIGNr- RESOURCES INFORMATION CENTER (ERIC) This document has beenreproducedas receive Irom the person or organizabcn onginaling it C Minor changes have been made to improve reproduction quality Points et view or opinions staled in this dOCu. ment do not necessarily represent official OER1 positron or policy U.S. GOVERNMENT PRINTING OFFICE 77-282 WASHINGTON : 1987 Forsale by the Superintendent of Documc ats, Congressional Sales Office US. Government Printing Office, Washington, DC 20402 c)s 2 BEST COMMITTEE ON EDUCATION AND LABOR AUGUSTUS F. HAWKINS, California, Chairman WILLIAM D. FORD, Michigan JAMES M. JEFFORDS, Vermont JOSEPH M. GAYDOS, Pennsylvania WILLIAM P. GOODLING, Pennsylvania WILLIAM (BILL) CLAY, Missouri E. THOMAS COLEMAN, Missouri MARIO BIAGGI, New York THOMAS E. PETRI, Wisconsin AUSTIN J. MURPHY, Pennsylvania MARGE ROUKEMA, New Jersey DALE E. KILDEE, Michigan STEVE GUNDERSON, Wisconsin PAT WILLIAMS, Montana STEVE BARTLETT, Texas MATTHEW G. MARTINEZ, California THOMAS J. TAUKE, Iowa MAJOR R. OWENS, New York RICHARD K. ABMEY, Texas CHARLES A. HAYES, Illinois HARRIS W. FAWELL, Illinois CARL C. PERKINS, Kentucky PAUL B. HENRY, Michigan THOMAS C. SAWYER, Ohio FRED GRANDY, Iowa STEPHEN J. SOLARZ, New York CASS BALLENGER, North Carolina ROBERT E. WISE, JR., West. Virginia TIMOTHY J. PENNY, Minnesota BILL RICHARDSON, New Mexico TOMMY F. ROBINSON, Arkansas PETER J. VISCLCSKY, Indiana CHESTER G ATKINS, Massachusetts JAMES JONTZ, Indiana SUBCOMMITTEE ON EMPLOYMENT OPPORTUNITIES MATTHEW G. MARTINEZ, California, Chairman PAT WILLIAMS, Montana STEVE GUNDERSON, Wisconsin CHARLES A. HAYES, Illinois PAUL B. HENRY, Michigan MAJOR R. OWENS, New York FRED GRANDY, Iowa BILL RICHARDSON, New Mexico JAMES M. JEFFORDS, Vermont CHESTER G. ATKINS, Massachusetts (Ex Officio) JAMES JONTZ, Indiana AUGUSTUS F. HAWKINS, California (Ex Officio) CONTENTS Page Hearing held in Washington, DC, on June 17, 1987 1 Statement of: Biaggi, Hon. Mario, a Representative in Congress from the State of New York 28 Calonita, Timothy, Mineola, NY 61 Davila, Robert, vice president, precollege programs, Gallaudet University 102 Hoffman, Barbara, Esq., Coalition for Cancer Survivorship 38 Kiernan, William, director of rehabilitation, Developmental Evaluation Clinic, Children's Hospiial 97 Moakley, Hon. John Joseph, a Representative in Congress from the State of Massachusetts 2 Monaco, Grace Powers, Esq., White, Fine & Verville 54 Rodriguez, Alex, commissioner, Massachusetts Commission Against Dis- crimination 86 Prepared statements, letters, supplemental materials, etc.: Biaggi, Hon. Mario, a Representative in Congress from the State of New York, prepared statement of 31 Calonita, Timothy, former cancer patient, Mineola, NY, prepared state- ment with attachments 64 Davila, Dr. Robert, vice president, precollege programs, Gallaudet Uni- versity, Washington, DC, prepared statement of 105 Hoffman, Barbara, Esq., National Coalition for Cancer Survivorship, Philadelphia, PA, prepared statement with attachments 41 Kiernan, William E., Ph.D., director, Training and Research Institute for Adults with Disabilities, Boston College, Chestnut Hill, MA, prepared statement of 99 Kosinski, Richard A., Niles Township Sheltered Workshop, Skokie, IL, prepared statement. of 34 Moakley, Hon. John Joseph, a Representative in Congress from the State of Massachusetts: Prepared statement of 10 "Survey of State Statutes Concerning Employment Discrimination of Handicapped Persons." article entitled 16 Moody, Julie, personal statement of 113 Monaco, Grace Powers, J.D., on behalf of Metropolitan Washington Area Candlelighters, prepared statement of 57 Nessim, Susan Weintraub, founder CANCERVIVE, Beverly Hills, Califor- nia, prepared statement of 115 Rodriguez, Alex, chairman, Massachusetts Commission Against Discrimi- nation, prepared statement of 90 4 HEARING ON DISCRIMINATION AGAINST CANCER VICTIMS AND THE HANDICAPPED WEDNESDAY, JUNE 17, 1987 HOUSE OF REPRESENTATIVES, SUBCOMMITTEE ON EMPLOYMENT OPPORTUNITIES, COMMITTEE ON EDUCATION AND LABOR, Washington, DC. The subcommittee met, pursuant to notice, at 10:00 a.m., in room 2257, Rayburn House Office Building, Hon. Matthew G. Martinez (chairman of the subcommittee) presiding. Members present: Representatives Martinez, Williams, Hayes, Owens, Jontz, and Gunderson. Members also present: Representative Biaggi of the full Commit- tee on Education and Labor and Representative Moakley of Massa- chusetts. Staff present: Eric L. Jensen, staff director; Valerie White, legis- lative assistant; and Tammy Harris, hearings clerk. Mary Gardner, Minority legislative associate; Jeff Fox, assistant minority counsel; Beth Beulhman, Education and Laor Minority Staff Director. Mr. MARTINEZ. We are now in session. Today's hearing of the Employment Opportunities Subcommittee is being held to receive testimony on employment discrimination against cancer and handi- capped individuals in the private sector. As the chairman of the Employment Opportunities Subcommit- tee, I am personally committed to seeing that all obstacles barring the way of individuals who want to work and participate equally in society be eradicated. Employers should focus on a worker's ability to produce and not on inherent individual factors not having any bearing on work merit. Many individuals are capable of making productive and loyal contributions to companies, if only employers reasonably accommodated the special working requirements of these employees. Today we will look at two bills which will add protection for workers. Congressman Biaggi's bill, H.R. 1546, will prohibit dis- crimination against cancer patients. Last year Congress approved Mr. Biaggi's House Concurrent Resolution 321, expressing the sense of Congress that former and current cancer patients shoul,' receive fair and equal treatment in the workplace. In addition, we will also receive testimony on H.R. 192, intro- duced by Congressman Moakley, to prohibit employment discrimi- nation against individuals with a disability or a perceived disability by private employers. (1) 5 2 To demonstrate the scope of theproblem, a recent estimate showed that there are 22 millionphysically disabled individuals in the United States, yet only 800,000of these people are employed. A staggering 70 percent of the blind persons,55 percent of paraple- gics, and some 85 percent of peoplewith epilepsy are unemployed. In addition, the American CancerSociety estimates that 5 million people in America today have cancer or ahistory of cancer. Of these, 1 million workers will face someform of employment dis- crimination. The result of discrimination paints anoppressive picture of human and economic waste which robs