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…and Why It’s About You
So what happens when an existing employee joins the ranks of having a disability?
First, the law kicks in. The Americans with Disabilities Act requires that an employer initiate the “Interactive Process,” a bureaucratic sounding term which is really just about figuring out whether or not and how someone can continue to work.
As a disabled worker, you also have a right to “modified” or “transitional” work, to give you the chance to stay on the job and get back to full employment.
Hold on now. Before you click to go somewhere else in boredom, let me get to the heart of why this is a centrally important topic for you personally.
Let’s say it’s you, and you’ve just lost some hearing or vision from an illness, or you’ve injured your back on the job, or you sliced off a couple of fingers in the kitchen (just a few of the almost infinite number of ways we fragile humans can become impaired). What would you want? To be sent off to collect benefits while you deal with having your life entirely changed, possibly going through medical treatment, and wrestling with a foreign and not-always-supportive bureaucracy, disconnected from the work and colleagues that are nothing less than a major part of your very identity?
Probably not. You’d want to keep working if you could. You spent years studying or training, and years getting good at what you do. You’re connected to a professional community, or you treasure the social community of the workplace, where you spend more time than you do with your family. Work is a source of being productive and valued, not to mention a source of income that you’ve actually earned.
Now let’s say you’re a manager or business owner. What would you want? To have this person off the job entirely, having to hold their job (for at least twelve weeks, under the Family and Medical Leave Act), pay for a temp replacement (who won’t do the job as well), or make others take on more work, possibly paying overtime or burning them out? Then if the disabled worker doesn’t return, you need to recruit and interview and hire and train and wait for a new person to ramp up, then possibly do it all over again. Sound good?
Probably not. It’s a huge hassle, and very expensive. Period.
Here’s the good news: work is rehabilitative. When an employer does a good job with the interactive process, when everyone involved (employee, employer, physician, insurer) collaborates, then that worker is more likely to stay on the job, and will get back to full employment sooner. The data is already in. It’s true.
Not for everyone, of course. Some cases are complex and difficult. But it’s clear that the best path to what everyone wants – a worker retaining the self-esteem, sense of productivity, and social connection to their work community; business keeping experienced workers and saving money – is through committing to the Interactive Process, a spirit of adaptation, and giving people every chance there is to get fully back to work. Even if they have to sort paperclips for a while to get there.
This falls under the banner of “Stay-at-Work/Return-to-Work,” a concept that is the focus of a global Disability Management movement. They understand that thinking in these terms is good for the individual and for business.
My favorite part: the business community is, in essence, embracing the priorities of the disability community. Disability advocacy has long focused on the “Independence Model,” seeing a person as more than their impairments, looking at their ability and potential, not their limitations. Now business is getting on the same bus, because when you look at potential and think about how someone adapts, you get to keep good workers and save money.
The amount of lost quality of life for workers, and the amount of money wasted by business is immense. This is a disability issue that strikes directly at what everyone cares about most. “Going on disability” as a first line tactic is a proven mistake of thinking. The law and the Interactive Process is how we all get the best chance at achieving the independence and success we all want.
I am glad I continued to read. Anyone could be in this situation in a heartbeat. I know of many people who lost their jobs in the past. I hope that companies are waking up and realizing that the disability is just that, it does not define the person!
Thank you, Bill. Yes, it can be anyone at any time. But because everyone — workers and employers — are just viscerally uncomfortable with the notion of disability, they are often unprepared for how to best respond. At everyone’s expense.
I am a teacher at Folsom State Prison and was optareed on July 9th, but on State disability since June 1st. I had spinal stinosis and severly degenerative left hip, ball & socket. Am waiting for appt with a hip replacement doctor, hopefully the 16th or 18th. I advised the return to work coordinator that if I had a scooter (not the hoveround), I could go back to work. She has been researching this problem for over a month. I understand there are security issues but there have been others with walkers (me included), canes and other appliances. I was offered to go to another institution but declined. I was walking all last year and in pain whenever the inmate run van (considered a taxi) was not on lockdown. I was in such pain all last year (August ’09 to May of this year) and Admin did not recognize that my rights were violated. Finally,in April/May, I was given a golf cart. But still have to walk about 1/4 mile into the Education Bldg. Still waiting for RTW coordinator to call and also see my Ortho doc about a possible hip replacement. Any advice for me???
My question is, I am cutnrrely working part-time and just recently I asked my employer to accommodate me because when I started the job last year, I used to work on the registers, but now I don’t. It’s just since management changed and also since I think I filed a complaint against my employer, which I know my employer won’t say anything about now. I had to file a complaint against them since I ran into problems with them earlier this year about going out for surgery that my supervisor denied.Anyway my issue here is, I asked my supevisor to accommodate me since I am the only customers service associate who doesn’t use the registers. Now why should I be the only one left out, WHY and why should I be ignored because of my disability? There is no right here. I also hate the way management is ignoring me at my current job, nobody cares anymore, they just want me to quit.
I am new to the Federal Govt and new to posting comnmets. I am almost embarassed to ask my question because my disability is not physical. I have Attention Deficit Disorder, with some Obessive-Compulsive Disorder mixed in with the ADD. I work for the Department of Labor OSHA as a Compliance Safety and Health Officer. I wanted to know if ADD is considered a disability with the Federal Government. I have been told the Office may not have a place for you as a Compliance Officer because of my ADD. I was told they have not dealt with anyone with ADD before. AND I was also told the DOL may not even have a place for you to work or fit in. Can I be dismissed that easily or placed on a PIP; and/or told if I do not increase my case load and decrease my lapse times comparable with all the other CSHOs (new and senior) that I can be fired? Thank you for your time.
Gary,
Well written article. What I think about this subject is that when a person is diagnsed with a life altering illness, suffers an accident or otherwise becomes disabled to whatever degree, the most important thing for consideration is how their quality of life will be affected by the curveball they have been thrown. The rush to disability should be carefully considered from the financial, personal and professional standpoint. Finding work with a disability such as being in a wheel chair is challenging beyond measure but not impossible.
I am a proponent of finding the best way to retain as much quality of life as possible which includes working if possible.
You raise the very interesting point about whether the values of an organization put a high priority on the quality of life of the people who have contributed to their success.
I tend to make the case in terms of dollars, and it’s strong one. That is certainly what motivates us. But I think having a value of personal commitment to an employee contributes to success. People who feel that commitment are going to return it in kind with loyalty and quality of work.
Agree?
I am 52 years old and I have worked, with some diectfuliifs, full time up until about 5 years ago. I was diagnosed with Rhuematoid Arthritis 25 years ago and my disease was very active and has taken its toll on my body. I am now on disability, but I still must work, so I try to hold down a part time job. I am single and I am my only source of income, and it is not possible to survive on my social security benefit. I have a really hard time finding jobs that I can do and that also fit within the social security income guidelines. I have lost several jobs over the years which makes my resume look terrible. I have 3 questions.1. Will the employment rules ever change for disabled workers on SS, to make the wage limit a realistic living wage to compliment your benefits?2. DVR has not really been much help to a worker like me, with skills and a long work history. Since I work hard not to look disabled I don’t know how or when to broch this subject with a prospective employer that may or may not be sympathetic to my condition. Why isn’t there a true referral service for disabled workers, with a true network of employers that want to hire skilled employees with limitations?3. As I mentioned above, I have had several part time jobs that I only lasted in 3 6 months, usually due to some RA related issue. What is the best way to present my work history on my resume? Should I take off the short term jobs and show long gaps of unemployment? How should I explain those gaps in an interview?
I applied for over a year with moslty the Social Security Administration for contact representative positions in southern California. I received three phone calls that resulted in two phone interviews and nothing else. I called the Selective Placement Coordinator in San Francisco several times to ask what I could do to get hired as a disabled Schedule A applicant. He assured me that I qualified, but there were only so many positions and then there was the funding issue.I am of the baby-boomer era and I still work part-time for a school district. I cannot live on part-time pay or social security retirement pay, which is why I have applied for so many jobs with the government under Schedule A. Am I being discriminated against due to age, credit score, race, or disability? What do I have to do to get a job with the Federal Government as a disabled woman with at least 17 years experience in customer service? I am very discouraged at this point.
I would like to know how to access money for re-training. I am unlabe to return to my old profession. I have a BA degree I received in 1985 in communications, concentrating in radio, television and film with a minor in creative writing. The tools of the trade in which I received my degree have changed drastically. I can do much of what is required in radio and television. I’m a little less able to do the work in film. Without the updated knowledge, I fight an almost insurmountable climb. For $12,000 complete, I can get this training and unlimited access to polish the craft until and even after I find a job. My wife lost her job in the banking meltdown and has been unemployed since. We have used up savings, 401ks and live month to month. I need to get back to the work place. Where can I find the help I need?
I like this perspective, Gary. Our company, Amistad Associates, is a good example of this principle, which was a natural for us since I was a partner in the firm and married to the other partner. I became unable to do my previous work with Amistad due to my physical challenges, and we even considered that I might need to quit entirely! Instead, I moved into a different function, a role I could fulfill with the same degree of competence and quality as my former role. It was much better for me, better for our company. And the work I developed has become an important part of our success!
Thanks for the case in point, Giselle. A perfect example.
As an architect, I have taken dstlbiaiiies to heart. I spent two years between ’92 -’94 petitioning the National Architects Licensing Board (NCARB) to recognize the Americans with Disabilities Act since I could not hold a pencil for 12 hours in the test to design a building. I experienced a brain tumor, which paralyzed me for 4 1/2 years. When the tumor was removed in ’96, I thought all was fine. I did experience an allergic reaction to Dilantin and Tegretol, which nearly killed me. I have since learned that this reaction triggered another disorder, Systemic Mastocytosis.I suffer severe reactions to various toxins. I go into anaphylaxis with formaldehyde(s), VOC’s, Second Hand Smoke, as well as some foods.As such, I work to make sure affordable housing projects funded with public dollars meet green sustainable criteria including indoor air quality. As an architect and construction coordinator with the city of Portland, Oregon, I co-authored Greening Affordable Housing in 2000. I also created a section 504 checklist for our clients recieving federal HUD dollars since there was not a readily accessible form available.I have worked to make sure our office workspace has good air quality as well. However, twice now, I have been removed from the planning process. First, when I discovered that the building our city office was moving to had high quantities of lead dust in the ductwork. It took my stay in the I.C.U. and assistance from some co-workers to expose the lead levels being up to 63 times above EPA Action level in the continuous elevated ductwork and 2 1/2 times above action levels on all of the existing interior columns. Since the office is not a residence and does not regularly have children in it, city management felt it was not important enough to address.Next, last year, our housing department was moving into another office. I was once again removed from the planning team when I expressed concern over the existing capacity of the HVAC system. When we moved in last November, I experienced three episodes of anaphylaxis. After petioning for reasonable accomodations, I now work from home.Unfortunately, the city will not provide regular telconferencing nor a video conferencing service for me to communicate with my co-workers. Also, since my home is not the same distance to various job sites where I must visit, the city is now unwilling to fully cover my mileage reimbursement.Since the lead and the carbon dioxide/formaldehyde levels have permanently impacted my systemic mast cell count to such a degree that I now must undergo monitoring for various forms of cancer on a regular basis. My medicine costs are upwards of $1,800 / month. I need to maintain employment for my insurance and health costs, yet the city has made efforts insisting I return to the office space. They have further made requests that I quit because my working from home is a burden on the work I must provide. My physician(s) have repeatedly stated the condition warrants me to stay out of the office unless measures are made to protect my health. Where do I go from here?
I am contacting you for a frneid. He was injured on his job April 2009, no one had ever discussed a job modification plan with him until the HR Director finally wrote him a letter on October 15, 2010, regarding the Accommodation Interactive Process . According to what I have read about job related duties for HR, this letter is a bit late. Not only has he lost wages due to the fact that he was not placed on a modified job detail and, therefore, being able to continue working, but his finances are suffering. In March of this year he finally started receiving regular monthly benefits from Workers’ Compensation. Over the last 1 1/2 years he convenienced the doctor to let him return to work, so he would work a while then have to stop. His work days were sporadic.
Been disabled for 2 years. Have been renvceiig Disability money since April 2010. In October, the government started taking $110 from me. I got no card saying why. I did get that I could approve the taking of the only money I have coming in a month. For $713 a month, I lost Food Stamps. Good Will seems not to be interested in employing people who are disabled. I have a room over my elderly mom’s home, no heat, my bathroom is a five gallon pail. I have to climb the steps pretty much with my shoulders. I’m going to school full time, transfer to Luther College in February. I plan on teaching college level history specializing in the history of Virginia and working toward a Doctorate in Psychology and minor in Human Services. I want to be on my own in my own home again and working. It stupid to me to pay less in car insurance then for insurance. To take over $1000 from someone below poverty is stupid.
Last assessed by a dooctr, I have 20% disability (and growing worse) in my lower back as a result of an on-the-job injury. I have severe degenerative discs, herniation/arthritis, and sciatic nerve pain which occasionally causes me to miss days at my (new) job. The original injury occured in 2004 & has since sunk my quality of life in innumerable ways.I find myself most upset on those occasional mornings when I must crawl on my hands & knees to use the rest-room. The previous employer was found (permanently) liable by the Arizona Labor Board, and they went out of their way to find a reason to let me go after a partial discectomy operation.I am wondering as my back agonies come & go what my rights are now. I understand that they are held responsible for the injury & future complications, but what does that mean? Am I missing out on any benefits? Is there some action I should be taking now?Any advice would be greatly appreciated. And thank you for taking the time.-JustinTempe, AZ.
I received a job offer and aetpeccd it. I worked approximately 40 hours when the person with whom I was sharing the job left the company. The owners decided to make the job full time instead of part time. They verbally told me they wanted to keep me as an employee. Since the office was so small, they asked me to work from home. They told me they wanted me to write policies and procedures. When I sent them a draft of the job, I was told via email that I did a good job. My last day of work at the office was September 12, 2010. I sent in my hours to the owner/supervisor. I have asked for my paycheck three times but have never been paid. I live in Arizona. Can you help me figure out how to get paid for the hours I worked?
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