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Hi! I have MS, and I teach a class on disability law...

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    Hi! I have MS, and I teach a class on disability law...

    ...I am interested in hearing about people's attempts to use the Americans with Disabilities Act as a tool to improve your life: whether in obtaining (or maintaining!) employment, participating in a government program, taking a class, getting into a restaurant, taking the bus, etc.

    This law is supposed to put people with disabilities on a level playing field, but I wonder...!!!

    #2
    Hello and welcome to the boards. I assume, from your post, that you are a lawyer.
    I am on disability. I no longer have the manual dexterity to perform my previous job tasks. My employer would not make any accommodations for me. I did ask for some. So, rather than get into a legal fight, I chose LTD.

    Comment


      #3
      What kinds of accommodations did you ask for?

      HR

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        #4
        The last job I had was at a bank. Data entry, balancing, AR, etc. It was kind of a dump (lots of everything got dumped on me) job but I really liked it.

        Because my MS was flaring, I decided to tell my employer, diagnosed in 1989, not too many attacks, loss of work, that kind of thing. Then I was not able to work for 2 weeks. Next thing I know another person is hired and I'm instructed to teach this person my job. Ok, it's not a bad thing to have cross training in an office. Right?

        Next thing I know, I'm being told to move to another desk and do that job. Part of that job was daily filing in a little closet with very poor lighting. I asked for better light and was told it wasn't feasible. Talked with my employer again saying I needed better lighting and basically was told to shut up and put up. I quit filing.

        Then eventually I was told to quit or they would fire me. I said I didn't do anything wrong and wouldn't quit. I was fired. I talked to a lawyer, showed her paper flow from my dr, what happened at work (I kept notes), etc. She told me in a nutshell that because MN is an "at will" state, an employer can hire and fire as they choose.

        I was deflated and quickly dumped down into a level of depression I had never felt before and hope to never, ever feel again. With out going too deep into things, we were foreclosed on and lost our house.

        I applied for disability and was approved based on cognitive issues.

        So, I really can't answer your question about the ADA law but I think my story is valid for your classroom to hear ...
        Karen

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          #5
          I feel that I need to add ...

          I'm 53 years old. I'm not a newbie. I've worked in office atmospheres for nearly 35 years.
          Karen

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            #6
            I asked to be re-assigned to an easier in-house prep job. It's a job that I had been trained to do at this particular business. And the company was trying to fill the position for about a year, with no luck. It was a lower paying job, but the manager wouldn't even discuss it with me. The company had a difficult time with finding someone to do this job, until recently. Getting the right person in that position took about 4 years.

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              #7
              I didn't attempt to use ADA to keep me from losing a job. I wondered if I could have. But, Kansas is also a "right-to-work" state, and, in my job as a para-professional for a school district, they could also hire and fire at will.

              My contract was not renewed for a 5th year because "it was in the best interests of the students". It was the 5th year in a row that I had applied for FMLA, due to hospitalizations related to my MS. The letter about my contract not being renewed arrived less than a week after submitting my latest FMLA request.

              In retrospect, being let go (it was the 3rd job that I'd lost in 6 years, due to MS) was likely a blessing that contributed to my quick approval for SSDI. I'd resisted it before, when I'd lost my other jobs. But, looking back, it really was in my best interests to forgo employment, take care of my health and fatigue issues, manage my stress, and pursue my own interests.

              ~ Faith
              ~ Faith
              MSWorld Volunteer -- Moderator since JUN2012
              (now a Mimibug)

              Symptoms began in JAN02
              - Dx with RRMS in OCT03, following 21 months of limbo, ruling out lots of other dx, and some "probable stroke" and "probable CNS" dx for awhile.
              - In 2008, I was back in limbo briefly, then re-dx w/ MS: JUL08
              .

              - Betaseron NOV03-AUG08; Copaxone20 SEPT08-APR15; Copaxone40 APR15-present
              - Began receiving SSDI / LTD NOV08. Not employed. I volunteer in my church and community.

              Comment


                #8
                Hello

                I am new to this forum and I was diagnosed with MS back on March 2012. Apparently, I had this disorder half of my life according to neuro. Also I had a spinal fusion at the L4-S1 level in October 2012. Currently seeking support with my disability claim not at the hearing level. I am married have 3 children and have not worked since 2011 which was a part time job. Just looking for some peace of mind and ask questions that everyone else may be experiencing.

                Comment


                  #9
                  Thanks for your posts, and keep 'em coming...

                  I first have to say that I cannot give anyone legal advice, and this post is for general information only.
                  But I wanted to make a couple of observations, based on what I've read so far:

                  According to the ADA, reasonable accommodation is supposed to be determined through an "interactive process" between the employer and employee. The idea is that both sides educate each other about the needs of the employee and the needs of the business. It was not intended that either the employee or the employer dictate whether an accommodation is feasible or an undue hardship.

                  The second point I wanted to make is that "employment at will" is not a defense to an ADA claim, or to any kind of discrimination claim. It IS a defense to many other kinds of legal actions, however.

                  Comment


                    #10
                    ADA for university jobs

                    I've applied for (and theoretically received) accommodations under the ADA at two major research universities - in non-tenure-track teaching positions.

                    The first university's Equal Opportunity Office was a mess, and took 4-5 months to process paperwork. I had asked for classroom assignments to remain at or below 78 degrees. My classroom actually conformed to this most of the time, but I wanted "protection" in case someone else on the same HVAC circuit complained of needing to wear a sweater in the office. Then my classroom was moved. Every class for a couple of weeks I made a report to the office that the room exceeded 80 degrees. I know for sure because 80 degrees EXACTLY is when I start having neurological problems. The reply finally was that the maintenance department said they couldn't do anything about it.

                    Second university: I applied for the same accommodations before knowing what office and classrooms I'd be assigned. The head of the EEO office talked to me on the phone about what I needed, and if I had any particular strategies as "back-up" plans. I said one was to take the relatively small class to one of the air-conditioned cafes on campus if need be. This met with no resistance. The school year runs late September through mid-June. In May, one of the other people sharing my office came to my cubicle and handed me a small fan, saying an administrative assistant said it was for me. Turns out it was for my accommodations.
                    1) Nobody told me to expect it, so I didn't know it was at my disposal.
                    2) It was delivered to the administrative assistant by an associate dean. Then it was given to one of my colleagues. In other words, that's a possible two extra people who did not know about my MS who now know I receive accommodations (best case), or who think I receive special treatment (worst case).

                    My feeling thus far is that ADA is not really a priority for the EEO offices. They are more concerned with issues of sexual harassment or discrimination on the basis of ethnic/racial background.

                    I'm just dealing with a third college - just finished the terminal degree so I'm going into the wide world of real jobs. The jury's out on how these things will work in future. But I've been in the closet about the MS because "she just didn't fit in the team" can always be used as an excuse to discriminate, no matter what the basis. I will keep it quiet either until I have to be public, or until I get tenure - at which time I will be happy to volunteer as faculty mentor for whatever student disabilities group there might be on that campus.

                    Sorry it that veered off the topic you'd like us to address, but I think it's important to emphasize the unfortunate position many feel they are put in, even with the ADA.

                    Comment


                      #11
                      Originally posted by helenrusson View Post
                      It was not intended that either the employee or the employer dictate whether an accommodation is feasible or an undue hardship.

                      The second point I wanted to make is that "employment at will" is not a defense to an ADA claim,
                      Helen, I've read and reread your response ... my cog fog must be at a high level lately. lol I am trying to understand how the two sentences relate to what happened to me. Of course, there are several years and incidences that I did not talk about.

                      If the employee or employer do not dictate the type of accommodations then who does?

                      I never went so far as to make an ADA claim but I know I was fired before I would start to murmur about ADA. IMHO, Employment at will is just a large cover for don't let the screen door hit you on the way out.
                      Karen

                      Comment


                        #12
                        I was upfront about the dx. Got an AC window unit in my classroom and have complete control over the temp. Got my classroom moved to be closer to the bathroom. Got permission to park closer to the bldg. if need be. Everything I asked for, I received.

                        The "tricky" part is that there is another teacher who does not understand why I have that particular classroom and I donīt want to explain the bladder MS issue to justify my room assignment. I figure he should just get "it" that the change in room assignment is related to the MS and let it be.

                        Comment


                          #13
                          Thanks for your additional posts...

                          Greetings! Several of you have hit on another area that comes up frequently: the reaction of your "peers" to the "special privileges" you appear to be receiving.

                          This is a tough issue. We all want to feel that we are a team and are pulling our weight equally - whether we are in an office, a classroom or trying to get up the stairs of a large government building. But the fact is that we need a little help in order to arrive at the ever-illusive "even playing field."

                          A lot of times, our co-workers may resent this. Of course, they have no idea of all of the additional challenges we are facing. (And in most cases, they are not supposed to be told, unless you tell them!)

                          Co-worker bewilderment, jealousy and resentment are part of the reality of requesting - and obtaining - an accommodation. I would be interested in hearing more about what you have experienced in that arena, and how you have handled it. You are right that the ADA says almost nothing about it, but it is one of the harsh realities of requesting what we are entitled to.

                          Usual spiel: I can't give legal advice, and the purpose of this blog is to share general experiences and information. There are an increasing number of attorneys in the disability law field, however, and it might be useful to talk with one of them. Your local bar association would have more information. And if you choose carefully, there are a lot of good resources on the Internet about the protections offered by the ADA.

                          Thanks,

                          Helenrusson

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