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Legal Issues: Workplace Issues
Although chronic fatigue and immune
dysfunction syndrome (CFIDS) causes debilitating symptoms, research shows that
about half of people with CFIDS (PWCs) are able to work in full- or part-time
jobs.
Employment is an
important source of self-esteem, financial security and social support for many people,
so many people go to great lengths to continue working. It is not uncommon for a working
PWC to do nothing outside of work but rest and eat, and many depend upon
friends and family members to help them with errands, household activities
and other responsibilities to maintain their employment.
Even with this additional support,
the
debilitating fatigue, memory and information processing difficulties, noise and
chemical sensitivities, and other symptoms often require that employers make
accommodations in the workplace so PWCs can continue working.
Important Laws
The two disability rights
laws that are most relevant to employment are the Americans with Disabilities
Act and the Family and Medical Leave Act.
- The Americans with Disabilities Act
(ADA) prohibits employers from discriminating against qualified persons with
disabilities in hiring, retention, advancement, compensation, job training or
other terms of employment. It also requires employers to make "reasonable
accommodations" that will permit a disabled person to maintain employment.
- The Family and Medical Leave Act (FMLA)
provides an employee with up to 12 weeks of unpaid leave in a calendar year
because of their own or a family member's serious health condition.
Debunking the
Myths
Many people think that
making workplace accommodations for people with disabilities is too expensive or
prevents an employer from discharging an unqualified worker. This is not the
case.
- 15% of accommodations cost nothing, 51%
cost between $1 and $500, 12% cost between $501 and $1,000, and only 22% cost
more than $1,000, according to the Job Accommodation Network.
- Accommodations that would place undue
hardship on an employer are not required under the ADA.
- Under the
ADA, an employee must be qualified for the job -- if the employee
can't perform the essential functions of the job with reasonable accommodations, he or she isn't
protected under the law.
- Employers may be able to find outside
sources of funding to pay for an accommodation or obtain tax credits or
deductions to offset the expense.
- Surveys have shown that the cost and
possible inconvenience of providing an accommodation are far less than if the
employer were to hire and train a new employee.
The Equal Employment Opportunity Commission
has an
excellent guide to the ADA on its Web
site.
Accommodations for
PWCs Since the symptoms of CFIDS
vary from person to person, accommodations will have to be customized based upon
the individual situation. However, following are some examples which are
generally covered under the ADA and which may help PWCs maintain
employment.
- A flexible schedule - Because
of the relapsing/remitting nature of CFIDS, allowing the PWC to work at the
times he or she is most able can be very helpful, provided it does not produce
an undue hardship on the employer. (For example, newspaper writer would probably have to
work a set schedule, but a magazine writer might not.)
-
Telecommuting - Thanks to technology, telecommuting has proven to be
a successful alternative for many PWCs and their employers.
- A quiet place to rest - PWCs may need to
take more frequent breaks than other employees and would benefit from having a
quiet place to lie down and rest during breaks.
- A
chair - Standing can cause dizziness, cardiovascular changes, nausea and other symptoms
in PWCs, so it is important to sit while working, whenever possible.
- Memory aids - Problems with thinking and
processing information are common in CFIDS, but may be accommodated by
providing written job instructions, breaking tasks into smaller parts,
minimizing distractions, helping set priorities, etc.
-
Clear explanations to other employees - Misunderstandings are common when
employees, do not understand CFIDS and the need for extra help. They may resent the accommodations the
PWC receives.
It is important for both the employer and the PWC to explain the rationale for
accommodations and gather support from other employees to avoid interpersonal
conflicts in the workplace.
Occupational therapists can be
valuable sources of information about accommodations for people with disabilities. The
Job
Accommodation Network has fact sheets on accommodations for CFIDS,
fibromyalgia and many other disabilities.
A Worthwhile
Endeavor
In order to accommodate a PWC in the workplace, everyone will have to make certain
adjustments. The benefits to both the PWC, in terms of financial security and
pride, and the employer, who maintains a trained and experienced employee, are
often worth any inconvenience the accomodations may cause.
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