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2.9 Life-Threatening Illness

THE COMPANY is committed to supporting Team Members who are experiencing life-threatening or serious medical illnesses while maintaining a safe, productive, and respectful work environment. Team Members with life-threatening illnesses—including but not limited to cancer, HIV/AIDS, heart disease, kidney disease, autoimmune disorders, organ failure, severe chronic illnesses, or other serious medical conditions—will be treated with dignity, compassion, and full compliance with all applicable federal and state laws.

THE COMPANY strictly prohibits discrimination, harassment, or retaliation against any Team Member based on a medical condition, diagnosis, perceived condition, or treatment history.

 

Equal Employment Opportunity

A Team Member with a life-threatening illness will be permitted to continue working as long as they are able to perform the essential functions of their job, with or without a reasonable accommodation, and their condition does not pose a direct threat to the health or safety of themselves or others as defined under the ADA.

Employment decisions will not be based on assumptions, speculation, stigma, public misconceptions, or the nature of the illness.

 

Confidentiality

All medical information—including diagnosis, treatment status, medications, and doctors’ notes—is strictly confidential.

  • Medical information will be stored in a confidential medical file, separate from personnel files.
  • Only individuals with a legitimate business need (HR, Director of Operations, or designated leadership) may access this information.
  • Managers and Supervisors are not permitted to ask for details about diagnoses or conditions.
  • No Team Member may share or discuss another employee’s medical information.

Unauthorized disclosure is grounds for disciplinary action, up to and including termination.

 

Reasonable Accommodation

Team Members with life-threatening illnesses may be eligible for accommodations under:

  • ADA / ADAAA
  • PWFA (if pregnancy-related)
  • The Comprehensive Accommodation Policy
  • State and federal medical laws

Possible accommodations include, but are not limited to:

  • Modified schedules
  • Reduced lifting requirements
  • Temporary reassignment of non-essential duties
  • Additional breaks for rest, hydration, or medication
  • Seating accommodations
  • Flexible leave for medical appointments or treatments
  • Adjustments for immune-compromised conditions (e.g., limiting cold prep exposure, reducing extreme temperature exposure, limiting chemical cleaners, etc.)

Accommodations will be evaluated through THE COMPANY’s interactive process.

 

Workplace Safety and "Direct Threat" Standard

THE COMPANY will not presume that a life-threatening illness creates a safety risk. A Team Member may only be removed from a job duty or work area if reliable medical evidence shows that the employee’s condition poses a direct threat under the ADA:

  • A significant risk
  • Of substantial harm
  • To the employee or others
  • That cannot be eliminated or reduced with reasonable accommodations

A “direct threat” determination:

  • Must be based on medical documentation and individualized assessment
  • Cannot be based on fear, stigma, assumptions, or coworker discomfort
  • Will include the interactive process and consideration of accommodations

 

Workplace Support and Leave Options

Team Members with life-threatening illnesses may qualify for:

  • Intermittent leave
  • Reduced schedules
  • Leave of absence (policy permitting)
  • Scheduling adjustments for radiation, dialysis, chemotherapy, infusions, or other treatments
  • Accommodation for fatigue, nausea, weakness, or immunocompromised periods

Team Members should follow THE COMPANY’s leave and absence procedures and provide documentation when required and appropriate under applicable laws.

 

Infection Control and Immune-Compromised Conditions

If a Team Member is immune-compromised or undergoing treatment that reduces immunity (e.g., chemotherapy-induced neutropenia), THE COMPANY may:

  • Modify cleaning chemical exposure
  • Reduce exposure to harsh temperature environments (freezers or high-heat ovens)
  • Adjust duties that involve sharp equipment if medically advised
  • Provide additional safety equipment
  • Increase break time for rest and hydration
  • Temporarily reduce exposure to high-volume guest interactions (if medically necessary)

Decisions will be made using the interactive process and valid medical documentation.

 

Harassment and Stigma Prohibited

THE COMPANY prohibits all forms of harassment or negative conduct related to a life-threatening illness, including:

  • Stigmatizing remarks
  • Comments about appearance, health, weight, mobility, or symptoms
  • Rumors or gossip
  • Discomfort or refusal to work near someone based on assumptions
  • Attempts to ask private medical questions
  • Misstating medical facts (e.g., misconceptions about HIV transmission)

Violation of this policy will result in corrective action.

 

Return-to-Work and Fitness-for-Duty

When necessary and only as permitted under law, THE COMPANY may:

  • Request documentation confirming the ability to perform essential job duties
  • Identify medical restrictions
  • Implement or update accommodations
  • Phase an employee back into work following treatment or hospitalization

Fitness-for-duty requirements must not request a diagnosis or unrelated medical information.

 

Team Member Responsibilities

Team Members experiencing a life-threatening illness should:

  • Notify THE COMPANY if a workplace accommodation is needed
  • Provide medical documentation when required by law
  • Participate in the interactive process
  • Follow approved restrictions and accommodations
  • Communicate changes in condition affecting work duties

Team Members are not required to disclose a diagnosis unless necessary for accommodation.

 

Management Responsibilities

Managers and Supervisors must:

  • Maintain strict confidentiality
  • Never ask about diagnoses or medical details
  • Immediately report accommodation requests
  • Support the interactive process
  • Treat the Team Member respectfully and professionally
  • Refrain from discussing medical issues with coworkers

Failure to follow these responsibilities is a policy violation.

 

No Retaliation

THE COMPANY prohibits retaliation against any Team Member who:

  • Discloses a medical condition for accommodation purposes
  • Requests or uses accommodations
  • Uses approved medical leave
  • Reports discrimination or harassment
  • Participates in an investigation

Retaliation is grounds for disciplinary action up to and including termination.

 

Policy Enforcement

Violation of this Policy—including discrimination, harassment, medical inquiries, confidentiality breaches, or mishandling accommodations—may result in corrective action, up to and including termination.

THE COMPANY is committed to supporting every Team Member’s right to work with dignity, safety, and respect.

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