Good news for those of us with fibromyalgia (FMS) and chronic fatigue syndrome (CFS or ME/CFS) -- a court has ruled that you're protected from discrimination based on the relapse of a medical condition.
In the case, a woman had been fired for allegedly falsifying her job-required medical evaluation when her ME/CFS relapsed after a 17-year remission. The court ruled against the company, saying:
- The questions didn't specifically include ME/CFS as a condition,
- and after 17 symptom-free years, a reasonable person wouldn't likely understand that ME/CFS might be included in the category of "blood conditions."
I'll add something the court didn't point out -- NO ONE with ME/CFS should legally be required to check the box next to "blood conditions," because currently it's not classified that way by U.S. health agencies (even though it may well be one.)
You're also covered by the Americans With Disabilities Act (ADA) even when your condition is in remission, thanks to an amendment this year that clarified the act: What the ADA Means for You
If you're looking for a job, it might help you to know which companies are especially good for people with disabilities. Here's a list I found: DiversityInc Top 10 Companies for People With Disabilities
Have you been discriminated against at work because of your disability? What was the outcome? Has your employer made accommodations that have allowed you to keep working? Leave your comments below!
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Suggested Reading:
- Work & Disability Issues
- A Simple Explanation of Chronic Fatigue Syndrome
- Normal Fatigue, or Chronic Fatigue Syndrome?
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I have had to sit at the lunch table while my boss talks about people who use doctors too much and drive up their premiums.
At my last job, my boss was telling someone else how she didn’t hire someone because “she had health problems.” Also, my chair broke (it didn’t help that my co-worker grabbed my chair and shook it when she was frustrated). My boss was going to make me pay for half of what it costed to replace the chair and told me that if I wanted to lose weight, I should stop drinking milk because “milk is for baby cows.”
That whole place was a horror story. I pity anyone who works there now.
Is Multiple chemical sensitivity covered by this? Last year I was working in office space that was rented from the owner of the building. He was quite nice to us, but was totally addicted to “Air Fresheners”, which are actually air poisoners (this is substantiated by many studies showing them to be carcinogens, etc.). At first, I was holding up pretty well, but then I got sicker and sicker from the “air fresheners”, combined with the printer that someone had decided to set up right next to me. I started coming in Sundays so I could work a little, opening the outer door to get some air, and pulled out as many of those poison plugs I could find. Started picking up infections (that stuff lowers immunity) When I tried to explain that stuff was making me unable to work, I was met with bemusement and disdain. Couldn’t think or organize my thoughts with those things going. The infections I picked up are ongoing, even though I left finally the project. Would I have been able to request some help under ADA? MCS is a big part of CFS for some of us. PS. I have been sick since, and haven’t had the energy to get on a new project.
Dianne,
Yes, multiple chemical sensitivity is covered by the ADA, so you should be eligible for reasonable accommodation. Here’s more information for you: Your Rights Under the Americans With Disabilities Act.
I have had CFS/Fibro for 25 years. It began in late 1986. My life has been like a roller coaster since then. After a brush with death due to a severe drug interaction my husband and I knew we had to find a different approach to managing my health. After our change in management I experienced improved health. I am not cured but it is more manageable. 4 years ago I was able to return to work after 10years of being legally disabled.
The excitement and joy of being able to return to work was indescriable. I am an RN/BSN. Early this year our nurse manager moved into a different position. The ADON was managing my work area and the scheduling. She became very persistant that I needed to work the night shift. I was hired for a day position. Nevertheless she persisted. Fibr/CHS results in sleep disorders. I felt like I should not work nights because I was not hired for nights and it was not in my best interest. Well eventually I ask for a job accomadation. That was met with hostility and a lack of cooperation. I choose to change my work status to PRN. I feel that I was discriminated against. Others in the same area were not required to work nights or weekends. I would work weekends because I didnot work nights. How do I resolve this. What are my options. I worked very hard to return to the profession of nursing. I had to complete a refresher course to reactivate my license. The medical community is very hostile toward these situations. I consider applying for the nurse manager position that had been vacated. The ADON stated that with my health situation I would not be considered for the position. She stated that they could not treat me any different that the other nurse managers just because of my health. She marginlized my abilities and my contribution to nursing. Please any suggestions?