While you don't need to have an attorney's understanding of the laws that protect you as an individual with a medical condition, having some basic knowledge of available protections can be helpful.

The protections generally flow from the effect of your health condition, rather than the condition itself. Sometimes a diagnosis is enough. Each situation has to be treated on a case-by-case basis.

Generally speaking, the protections under the various laws provide:

• Equal and fair treatment -- not better treatment. You can't be discriminated against in any aspect of your job (including raises and promotions), or fired, as a result of disclosure of your diagnosis.
• Freedom from a prospective employer asking you about your health condition in a job interview or prior to making a conditional job offer.
• Full and equal access to all employer-sponsored benefits, policies, and programs, such as health insurance.
• Confidentiality with respect to your diagnosis or any medical information. The Americans with Disabilities Act (ADA) even requires that this information be kept in a separate file separate from your personnel file.
• Performance evaluations based on your abilities, not on your health status.
• The right to request an accommodation to perform the essential functions of your job, as long as the accommodation does not create undue hardship for your employer. (See Negotiating an Accommodation.)
• The right to request unpaid medical leave if qualified (See Paid and Unpaid Leave.)
• The right to extend your employer provided health insurance if you leave work (COBRA.)
• The right to have your previous health coverage counted against a period during which a new employer's plan would normally exclude coverage for a pre-existing health condition. (HIPAA.)

Following is a brief description of the relevant laws. You can read more about them by clicking in the areas noted.

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