"It's about more than me. I am now carrying the flag for all cancer survivors." Photo by Fiona Aboud

The Issue: Is it fair to prevent a breast cancer survivor from serving her country?

Fit. Able to work anywhere in the world. Ranked seventh out of 200 candidates on the State Department’s Foreign Service consular exam. And, oh, a breast cancer survivor.

If it weren’t for that last issue, Kathy Adams, 49, would now be working in the U.S. Foreign Service. Instead, this Greenville, S.C., native is in limbo after her lifelong dream was dashed by the State Department.

“After all they’ve put me through, it’s about way more than me. I am now carrying the flag for all cancer survivors,” says Adams.

She’s carrying the fight in a legal battle that has drawn conflicting rulings.

After passing written and oral examinations in 2003, Adams was on track for a Foreign Service posting when she learned she had early-stage breast cancer. She underwent a mastectomy.

The State Department denied her a posting because follow-up treatment requires regular doctor examinations, and her post with the Foreign Service could not accommodate doctors’ visits in remote locations.

The U.S. District Court for the District of Columbia found the State Department’s refusal to “accommodate her minor medical needs [was] both callous and unreasonable” but nevertheless dismissed her claim of discrimination.

In July, however, the U.S. Circuit Court of Appeals ruled that Adams had a “record of” disability and that it was against the federal Rehabilitation Act to discriminate against her because of it. AARP joined the American Cancer Society in appealing the case. Now, it will go back to the District Court to determine what should happen next.

“The way Kathy Adams’ case has been handled is simply outrageous, as federal law clearly intends to protect cancer survivors, who were and are well-known to face bias in the workplace due to irrational fears and stereotypes,” says Dan Kohrman, senior attorney for AARP Foundation Litigation.

Emily Sachar is a journalist and author based in Brooklyn, N.Y.