catra121 |
12-18-2013 09:18 PM |
Quote:
Originally Posted by RSD RENEE
(Post 1036480)
I just found out that RSD is covered under the American Disabilities Act (ADA). I didn't know that and just wanted to post it just in case anyone was interested.:)
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I know this thread turned into a bit of discussion about disability...but I just wanted to comment on the ADA a bit and how important it is for those of us who still work because I think a lot of people don't understand how much help the ADA is for us.
After being off work for a little over a year I was released back to work. I needed a walker and also to be able to wear gym shoes, gloves, and a scarf. I was told by my employer that they would not allow me to return to work because I needed a walker and I would be a hardship to the other employees in the building. I knew this wasn't right (I had done my research on the ADA and what my rights were prior to being released back...I had lots of time on my hands) and I told my employer as much. They used buzz words to try and convince me that they had every right to deny me my return to work and stuck by their answer.
So I filed a charge of discrimination with the EEOC for disability discrimination. This is free and you do not need an attorney. It took several months as my employer really left me hanging for as long as possible (probably to see if I would just go away and give up...they apparently didn't know me at all)...but in the end my employer gave in and let me come back to work...and paid me back pay for all 4 months since I had been released and they would not let me work.
There are a lot of accommodations that you can ask for your employer to provide that will allow you to continue to work and make things easier for you. I am not the same person I was prior to getting RSD...there are so many things that I can't do the same way...but I find that I CAN get things done (just have to go about them differently). Your employer has to pay for these accommodations too as long as the cost of doing so wouldn't be a hardship (and if it's a big company...it's not going to be...just being expensive does not equal a hardship). Accommodations can even include a reassigning of job responsibilities so long as you are able to do the PRIMARY function of your job.
In my case...I didn't need to have the company pay for any of my accommodations because I already had a walker and the other things I needed. Since my return (and recent promotion) I have also needed to use a space heater in my office. This didn't require any of the drama that I went through before...my boss was fine with it and I didn't need to put in any sort of formal request. But I know what my rights are and in the future my needs might change so it's good to know what my rights are.
When considering whether or not you are able to work...I think it's important to understand and consider what you can ask for and what your employer is required to provide as a result of the ADA.
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