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Dr. Bob is Robert Hsiung, MD,
bob@dr-bob.orgShown: posts 1 to 2 of 2. This is the beginning of the thread.
Posted by Dr. Bob on December 22, 2003, at 16:46:25
In reply to Med legalities and employment...., posted by KellyD on December 20, 2003, at 17:13:28
> Britton post started a "wonder about that..." mode in my mind regarding the use of prescription medications (stressing PRESCRIBED drugs) and employment.
>
> My employer encourages disclosure of meds that may effect work preformance. They do not ban certain meds and if it's determined the med does, indeed, effect negatively on your ability to preform the tasks of your job... they must give you another job with different tasks or go through the disablity channels. You cannot be fired for this issue, alone.
>
> The company my husband works for has similar policies.
>
> I'm in the US. Are my husband and I just lucky or is this the policy that should be followed from a legal standpoint?
>
> Anybody know?
>
> Thanks,
> Kelly
Posted by 8 Miles on December 28, 2003, at 17:19:44
In reply to Med legalities and employment.... « KellyD, posted by Dr. Bob on December 22, 2003, at 16:46:25
Well, before the passage of the Americans with Disabilities Act in 1991, so-called "mental illness" did not necessarily fall into "disabilty". There is a specific follow up to the ADA that SPECIFICALLY includes mental illness. What's more, another part requires the employer to allow the application for "reasonable accomodations". Under this, you would spell out, with specific documentation, what your limitations are due to your "illness". Then the employer is required to TRY and find you a job that is available that you can do with your limitations. If they cannot or do not have such a position, they are not necessarily required to create such a job. It's a little bit more strongly enforced (for us) if one works for the Federal Government (which I do). I won an EEO case using part of the ADA guidelines. It's sort of "funny" because they thought they would intimidate me by requiring ALL my medical records, not just that concerned with my mental status (in retrospect, I could have refused to comply with part of the requests w/o weakening my case). However, I also knew that if they disclosed ANY of my personal medical information to my coworkers or to upper management, they would be guilty of a felony. So I gave them EVERYTHING they asked for, and dared them to let out one word to anyone who did not have a "need to know". They showed their face cards and lost. I have probably 300 pages of documentation from governmental law and ADA/EEO processes, as well as from the private sector. Long story, I know. But the short version is to let your boss KNOW about your situation BEFORE it becomes a problem, and ask for reasonable accomodations (which may change over your life).
Hope that provided you with the info you were seeking.
8
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