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Do I have any protection - employer has a "handicapped list"

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    Do I have any protection - employer has a "handicapped list"

    I am new to board but not to MS, being diagnosed in 1995 with RR, which has been controlled with Tysabri until I had to D/C it a couple months ago because of complications.

    My question is can/should an employer have a list of its handicapped (their term) employees? I've not disclosed to my present employer but to get parking in the lot close to my office they insist I provide them with documentation of my disability.

    A year ago, I moved back to my hometown and was re-hired by my previous employer (a large metro hospital).
    They initially hired me in 1986, and were quite accommodating throughout my diagnosis and treatment for MS. I relocated to the northern part of the state and took a job for another hospital, but due to the economy, was laid off, so when a position opened back home, I moved back.

    Our department moved to another building 2 months ago. They have surface lot parking, but not enough spaces to accomodate all that are moving into this new building, so we were told if we had worked there less than 2 years we'd have to park in the garage at the original building and take a shuttle to the new building. The perk was we did not have to pay the monthly parking fee if we garage parked and shuttled.

    I had not disclosed my diagnosis to my new boss, but did ask for an exemption b/c I have a handicapped placard issued by the state.

    Since the move, I've had problems accessing the lot at that building -my badge won't open the gate, so I called parking services today to see what was going on.

    I was very taken aback when the woman there told me that I wasn't on their official "handicapped persons" list. She told me that so I would have to continue to park in the garage and take the shuttle over to the new building, but my "reward" was free parking. I first told her that I was still having parking fees removed from my check. She argued that I wasn't, but I told her I had my last two stubs pulled up and was looking at the fees. I reluctantly explained (nicely) to her that I had MS, had difficulty ambulating and had fallen down the stairs of the shuttle (which required an incident report to be filed) earlier in the month. She once again repeated that I wasn't on "their list" and that "she also had just had surgery and also was having a hard time getting around". I about blew a gasket and wanted to say "I'm sure you're going to recover from your surgery, I'm living with this forever", but I bit my tongue. Instead I asked what was needed to get on this list, as I'd been using handicapped parking when I previously worked there without being on any type of list. She told me I'd need to fax over a copy of my placard and send them the registration form my state issues with a placard. I have no idea where my registration form is, since I have a lifetime placard, so until I can produce this, I have to park in the garage or on the street (not a great neighborhood) to get on the list (which I'm not sure I want to be on).

    I realize this is longwinded, but I'm not feeling so trusting of an employer that has a "list" of handicapped employees. I could understand if they were looking out for our wellbeing (i.e: we were all in one building and in case of an emergency it would be useful), but we are spread out over a 2 mile campus in many buildings and employ over 10,000 employees city-wide.

    I was going to check with my local MS chapter, but didn't want to call from my cubicle -as I haven't (and don't plan to disclose my diagnosis to anyone I work with at this point).

    Any input to the legality of this/ADA compliancy of - and who I should take it up with. Unfortunately, I really need the job, so I don't want to jeopardize it, but feel its a catch 22.

    Thank you
    Don't worry about the world coming to an end today.
    It's already tomorrow in Australia" - Charles Schultz

    #2
    Welcome Sparticle!

    It may be (I hope it is) something as simple as your employer making sure that people are not abusing use of the disabled hangtag / placard. They may just want proof that your placard is legitimate.

    It steams my rice to know that there are people out there that "borrow" a relative's placard or even continue to use a deceased person's placard.

    Can you talk to someone from your state and get a letter of authenticity / proof of registration?

    Good luck & keep us posted.

    Be well,

    Comment


      #3
      Originally posted by KarenR View Post
      Welcome Sparticle!

      It may be (I hope it is) something as simple as your employer making sure that people are not abusing use of the disabled hangtag / placard. They may just want proof that your placard is legitimate.

      It steams my rice to know that there are people out there that "borrow" a relative's placard or even continue to use a deceased person's placard.

      Can you talk to someone from your state and get a letter of authenticity / proof of registration?

      Good luck & keep us posted.

      Be well,
      This is what I thought also as I read your post. Although it is a huge pita I'd just give them the required paperwork and go about your business.

      The term handicapped people also bothered me but that is what the license plates etc. are called so I guess there isn't anything politically incorrect about calling people with the tag handicapped.

      Good luck.
      He is your friend, your partner, your defender, your dog. You are his life, his love, his leader. He will be yours, faithful and true to the last beat of his heart. You owe it to him to be worthy of such devotion.
      Anonymous

      Comment


        #4
        Originally posted by KarenR View Post
        Welcome Sparticle!

        It may be (I hope it is) something as simple as your employer making sure that people are not abusing use of the disabled hangtag / placard. They may just want proof that your placard is legitimate.

        It steams my rice to know that there are people out there that "borrow" a relative's placard or even continue to use a deceased person's placard.

        Can you talk to someone from your state and get a letter of authenticity / proof of registration?

        Good luck & keep us posted.

        Be well,
        I'm with Karen and Jules on this. I got my tag and placard from the DMV, if that is where you got yours then they should have the registration on file and maybe for a small fee they could provide you with it. Nobody would know for what reason you got the placard since it wouldn't have your neurologist info on it. You could have the placard for osteoarthritis, heart troubles, lung problems...the list could go on...

        I hope that eases your mind.
        woo
        "Dogs are not our whole life, but they make our lives whole."~ Roger Caras

        Comment


          #5
          They have done themselves no favors calling it the 'handicapped' list, and I'd be surprised if it has the HR stamp of approval, but I could be wrong. It has the ring of parking garage management attempt to address the problem, while trying to weed out those taking advantage of handicappe parking places. Enforcement of HP is not their role, but minimizing the impact of unnecessary accessible spaces, and providing for those truly in need is.

          But the bigger picture is there is an effort to accomodate the special parking needs of those with mobility issues.

          I don't think there is an employee parking equivelient to ADA, although I could be wrong.

          It's also likely that the bigger deal you make of it more attention will be drawn to you and the privacy you want to maintain.

          Comment


            #6
            Your Placard should have come with an ID Card. That Card should be enough of an Official Evidence of Disability. If you don't have the Card you should be able to get a new one from the State. Give the Company the Evidence they want, you won't have to disclose what your Disability is, that is against the ADA.
            Bill
            Scuba, true meaning of Life! USS Wilkes Barre 91, USS Monitor 96, 97, 99 .. Andrea Doria 96, 98 .. San Francisco Maru 09

            Comment


              #7
              Where I work has similar 'rules' that drive me crazy. I have a HC placard. They will not accept that as 'valid' to issue me an assigned HC spot. For that, I would have to have my doctor fill out a form stating what my limitations are, why I need a designated parking space, AND WHAT MY DISEASE IS.

              I argued till I was blue in the face that if the State recognizes me as HC, then a STATE university should recognize and honor the State's placard as enough 'proof' of my HC status. I got nowhere. So, I continue to park a block away from my place of work and have to go through all sorts of shenanigans to make sure I get to work before anyone else with a HC placard gets the ONLY spot in a three-block radius. There is something about the situation that just rubs me the wrong way and I just don't feel comfortable giving all that information to an entity when it might come back to haunt me.

              So, I'm stuck. I can't get a designated HC parking space because I'm not willing to give out specific medical information. I have to walk down a poorly maintained sidewalk that floods during rains, and gets very icy in winter, and is almost never plowed, sanded or salted. It's just a matter of time before I fall on my way to/from my office. Then we'll see if legal action and workmen's comp claim gets me what I need.

              Comment


                #8
                Non-employees using HP are not required to provide any of the documentation that employees are asked to provide.

                Check with the DMV/HP authority in your state for info about the practices employers are using, requiring disclosure of medical info protected by HIPPA privacy?

                It's a slippery slope, avoiding being viewed as uncooperative or disgruntled employee, while protecting your privacy rights.

                Comment


                  #9
                  I don't think you mentioned it, but does HR know about your status? You might be able to talk to them , mention that you don't want your personal info getting out, and they might be able to contact the parking office for you.
                  Playing devil's advocate, we have MS but that doesn't necessarily mean we have trouble walking.
                  You may also have a situation where there are 200 accessible spots and 500 people who want to use them. It's possible the parking folks have to prioritize who gets to park in the blue paint.

                  Comment


                    #10
                    I have one question and that is why are you worried about telling them, you said you worked there previously and they were aware of MS then and worked well with you then, how is it any different now?
                    Plan for the future, but not too hard; it’s not your decision anyway

                    Comment


                      #11
                      I worked at the same institution, but when I was re-hired I'm now in a different, non-clinical department. I used to work with nurses/respiratory therapists - people who understood MS much better than the business based group of people I work with now.

                      In August of this year I had an anaphylactic reaction - my lips, tongue became very swollen and I started to have tightness in my chest. I called my primary care doctor who told me to come to the office immediately - when I went to go tell my supervisor, she asked if I had to go "right now" and if I did, to make sure that "I wouldn't be given any medication that would make me sleepy, since we were short staffed and she needed me to come back to finish out my shift".

                      When I related this to my PCP, he wrote me a note and called the employee health department and asked them to explain to my boss that I wouldn't be back in for the remainder of the day due to the reaction. When I went back to office two days later, my boss reminded me that "all physician appointments should be scheduled during non-work hours whenever possible" (I work 8-4:30)....so they don't get it.
                      Don't worry about the world coming to an end today.
                      It's already tomorrow in Australia" - Charles Schultz

                      Comment


                        #12
                        From EEOC.gov:

                        Q. Does an employer have to make non-work areas used by employees, such as cafeterias, lounges, or employer-provided transportation accessible to people with disabilities?

                        A. Yes. The requirement to provide reasonable accommodation covers all services, programs, and non-work facilities provided by the employer. If making an existing facility accessible would be an undue hardship, the employer must provide a comparable facility that will enable a person with a disability to enjoy benefits and privileges of employment similar to those enjoyed by other employees, unless to do so would be an undue hardship.


                        I think ADA may apply to parking accomodations.

                        Comment


                          #13
                          ADA Office number is 800-514-0301 they should be able to answer your question
                          Plan for the future, but not too hard; it’s not your decision anyway

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