If your arthritis is severe enough to interfere with your work, you may benefit from the Americans with Disabilities Act (ADA). Passed by Congress in 1990, the ADA guarantees equal opportunity for individuals with disabilities in public accommodations, transportation, state and local government services, telecommunications and, most importantly, employment.
The ADA defines a disability as a physical or mental impairment that substantially limits one or more major life activities, such as seeing, hearing, speaking, walking, breathing, performing manual tasks, learning, caring for yourself and working. The law requires employers with 15 or more workers to provide the same opportunities to the disabled as those available to people without disabilities. It prohibits discrimination in hiring, promotions, training, pay, social activities, and other employment benefits and privileges. And they are required to make a "reasonable accommodation" if you have a known physical or mental limitation, unless such accommodation results in undue hardship for the employer.
Employers cannot ask questions about your disability before a job offer is made. You must meet all the requirements of a position that you hold or seek. You should be able to perform the functions of that position, either with or without reasonable accommodation. An employer may select an applicant who is the most qualified - not based on a disability. However, if you have a disability, you may seek a reasonable accommodation that would enable you to perform the essential functions of the job.
Arthritis is the number one cause of disability. Symptoms such as painful or stiff joints, fatigue, and limitations in movement can make walking, lifting and other tasks difficult. Unlike some other disabilities, people with rheumatic diseases often have disabilities that their employers can't "see" - and you may feel uncomfortable speaking up about your problems.
So what are reasonable, and unreasonable, accommodations? How can you talk about your disability and express your need for accommodation? And what can you do to ensure that your rights are protected?
Reasonable Accommodations
The ADA defines "reasonable accommodations" as changes or modifications in the workplace that allow you to perform the job's essential functions without causing undue hardship on the employer. An accommodation that causes significant expense or difficulty is considered an undue hardship under the ADA. However, keep in mind that the nature and cost of the accommodation are weighed against the financial resources of the company, the number of employees, and the size of the budget, among other factors. That means that the same accommodation could be reasonable in one workplace but create an undue hardship in another. The Job Accommodation Network, a service of the President's Committee on the Employment of People with Disabilities, suggests that most accommodations cost less than $1,000.
Reasonable accommodations by employers might include:
- part-time or modified work schedule; adaptive tools, supplies or equipment, such as a chair with armrests, changing the height of a desk, a computer armrest, or an electric stapler;
- restructuring a job to cut out activities you have trouble with, such as lifting, reaching, kneeling, stooping, or sitting for long periods;
- reassignment to a vacant position you are qualified for (if you are still unable to perform the original job, even with accommodations).
Unreasonable accommodations might include:
- changing the job requirements to fit your qualifications;
- creating a new position that you can do despite your disability;
- hiring an additional worker to handle the workload you can't handle because of your disability;
- providing an accommodation that is too costly or extensive for the company's resources or that disrupts business operations.
Talking to Your Employer and Confidentiality
An employer is not required to make accommodations until an employee with a disability asks for them. But it can become a "Catch-22" as you weigh the pros and cons between a need to ask for changes that help you do your job and a desire to protect your privacy. The ADA protects the confidentiality of an employee's medical information, such as on any forms you may complete. However, little can be done to control the way information may get passed around through office gossip.
Disclosure in the workplace is a very personal decision, so that's a good time to ask yourself: Why am I doing this? What are my goals? If you decide that the pros outweigh the cons, arm yourself with knowledge of the law and your rights, and schedule a meeting with your employer. In discussing your situation, describe how your arthritis may affect your work. A doctor's note can help to explain your disability. Explain that you are trying to find ways to resolve the problem that will benefit the company and yourself. You can also offer suggestions for the changes - and provide an estimate of the costs of such changes, based on your research. Be assertive about your needs without imposing or placing burdens on the company or co-workers.
Relationship with Co-workers
When co-workers see that you are getting additional assistance, or when some of the duties that you have difficulty doing are given to them, conflict may arise. Roberta Horton, who is the Program and Research Manager, Department of Patient Care and Quality Management at Hospital for Special Surgery, suggests the following:
- decide how much of your diagnosis you want to share with co-workers;
- discuss with your employer how best to share your information;
- have your employer's support before speaking to co-workers;
- understand how any accommodations made by your employer may affect your co-workers, including possible increased responsibilities for them;
- if feasible, offer to take on duties from co-workers in exchange for their doing tasks that you find difficult;
- acknowledge your appreciation of accommodations made by your employer and co-workers.
The Evolving Law
More than a decade after the ADA was passed, interpretation of the fine points of the law continues to evolve. For example, in Sutton v. United Airlines, Inc. and in Murphy v. United Parcel Service, Inc., the Supreme Court ruled that the plaintiffs were not substantially limited in any major life activity if the limiting effects of their impairment were controlled by corrective measures, such as medications or assistive aids.
Such decisions narrow the scope of the ADA and could affect the number of claims filed under the ADA. It is therefore important to keep up to date on changes that might affect you.
Protecting Your Rights Under the ADA
If you have disagreements with your employer, try to settle them through negotiation, mediation and other forms of communication. If you still feel that you have been treated unfairly, you may consider filing a complaint with the Equal Employment Opportunity Commission (EEOC). To do so, you must file within 180 days from the time the discriminatory incident occurred. (You may also hire an attorney or contact the Bar Association for help in finding attorneys specializing in labor and employment law.)
Keep copies of memos, letters and reports regarding your case. If your complaint is upheld, you may be entitled to hiring, promotion, reinstatement, back pay, or reasonable accommodation.
Where to Get Help
New York
Arthritis Foundation
New York Chapter
122 East 42nd Street, 18th Floor
New York, NY 10168
Phone: (212) 984-8700
The Association of the Bar of the City of New York
42 West 44th Street
New York, NY 10036
Phone: (212) 382-6665
EEOC New York District Office
201 Varick Street, Room 1009
New York, NY 10014
Phone: (212) 741-8815, (212) 741-2783
TTY: (212) 741-3080
Nationwide
Arthritis Foundation
National Office
1330 West Peachtree Street
Atlanta, Ga 30309
Phone: (404) 872-7100
U.S. Department of Justice
ADA Information Line
Call for free ADA materials. Automated service is available 24-hours a day for recorded information and to order publications. Publications are available in standard print as well as large print, audiotape, Braille, and computer disk for people with disabilities. ADA questions and answers are available in Spanish, Chinese, Korean, Tagalog and Vietnamese editions.
Phone: (800) 514-0301 (Voice) or (800) 514-0383 (TDD)
Also see www.ada.gov for a review of the ADA and its provision.
The ADA Regional Disability and Business Technical Assistance Center Hotline
Phone: (800) 949-4232.
Funded by the Federal government to provide information on the ADA and how the law works.
U.S. Equal Employment Opportunity Commission
EEOC Headquarters
1801 L Street, N.W.
Washington, D.C. 20507
Phone: (202) 663-4900
TTY: (202) 663-4494
EEOC Field Offices
To be automatically connected with the nearest EEOC field office, call:
Phone: (800) 669-4000
TTY: (800) 669-6820.
The Job Accommodation Network (JAN)
For information on the ADA, accommodations, resources, and products designed for people with disabilities.
West Virginia University
PO Box 6080
Morgantown, WV 26506-6080
(800) 526-7234 (voice/TDD)
(800) 232-9675 (voice/TDD)
http://janweb.icdi.wvu.edu
