Adhesions and the ADA
From: Jim (jlynch@udel.edu)
Wed Jan 9 08:54:29 2002
Well, I have what I think is very good news.
I just met with my employer's ADA represenatative and we had a lengthy
discussion about adhesions, multiple surgeries, and the ADA. I came to
the meeting loaded with information, most of which I garnered through
this web site and various other sources over the years.
After I educated them on what adhesions are and what they can do, they
said that there is absolutely no question that mu case is protected
under the ADA. While the ADA can be quite confusing and intimidating to
interpret, what it basically does is provide an umbrella of protection
for those who have a condition that limits one or more of "life's major
activities". If this limitation can be helped by the employer making
reasonable accomodations for the person then they must do so. Each
situation is reviewed on a case-by-case format. An employer may NOT use
aribtrary standards in how it applies its Personnel decisions,
especially those with disabilties or chronic conditions that are
documented.
My situation is such that I am not given sick days as a University
Professor. In light of recent surgeries in April 2001 and October 2001
I did indeed have to take days off for recovery and days here and there
for flair ups. Nothing out of the ordinary. In fact just 7 days in the
last six months, and that includes the October surgery! A certain
individual at my employer was not happy with this and has taken action
to block me getting my tenure, which I am now up for. After trying
everything under the sun, I had no choice but to act.
Here are some key facts that I learned today about the ADA:
1)The determination of protection is granted solely on a case by case
basis by the ADA representative within your employer. When you meet
with that person be prepared as if you were going to court in order to
back what you are saying. You must prove your case!!!!! As Denzel
Washington says in one of my favorite movies, "Philadelphia", "Explain
that to me as if I were a 6 year old". That is what you need to do.
2)The person evaluating your case is NOT an adversary, BUT will ask
tough, pointed questions that you must be able to back with proper
documentation.
3)Document, document, document everything. Luckily for me I am very
anal retentive :) and have a file on me since I first got sick that is
over 13 inches thick!!!
4)If granted protection, don't take this as a sign that you are immune.
If, as in my case, I started taking 2-3 days off per week, then they
have every right to terminate. The employer is not obligated to retain
you if your disability prevents you from adequately performing your job,
even with reasonable accomodations.
5)Try every avenue other than going to the ADA first. The ADA should be
your choice of last resort, not a crutch to immediately use at any
perceived sign of inequity.
6)This is a two-way street. You must be willing to give in order to get!
7)Prior to making an appointment with your ADA office, present your
"case" to a Human Resource professional if you know or have access to
one. Just as a sounding board. If you have HR professionals telling
you that your case is out of whack then you might want to reconsider
opening the whole can of worms and start another approach.
8)Contacting (or even threateneing to contact) an attorney should be the
very last step. Once the threat of litigation is sniffed, you'll find
the whole process becoming inifintely complex and expensive.
9)Once being told that you are protected, you must then file as a
protected employee under the ADA.
For me, I asked for no special accomodations and will probably not file
unless my next meeting with "Mr X" does not go well. My primary
objective today was threefold - 1)to have my case documented, 2)to get
the basic employment privilege of being allowed to take a sick day if
needed, and 3)to not have my affliction with adhesions affect the proper
evluation of how I do my job!
I hope this info helps and will keep you guys all updated. And thanks
to everyone for the many many emails I have gotten the last two days!!!
you all are to kind.....
--
JIM
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