Job Accomodations
Many individuals who are moderately ill may be able to continue to work without chronic harmful consequences, but only if they are able to alter the conditions of their work. Job accommodations—a reduction in the number of hours and/or the nature or severity of job tasks or work load, or simply working from home—could make the difference in maintaining the ability to work.
The Americans with Disabilities Act and similar state laws grant the right to job accommodations for certain types of employment. Employers covered by these laws are required to make “reasonable efforts” to assist the employee in retaining employment by adjusting work conditions to accommodate the disability. However, the employer is only required to make such accommodations that are reasonably permitted by its business operations. Often larger businesses are better able to make such accommodations.
It is vital for an employee to become aware of their legal rights and the practices of the employer before making direct requests for changes in working conditions or asking for a job transfer.
If the employer is covered by the law and does not make a good faith effort to assist the employee, or tries to unfairly terminate the employee, there are remedies under the various laws. A complaint may be made to the federal agency that enforces the Americans with Disabilities Act. In Massachusetts a complaint may be filed with the Massachusetts Commission Against Discrimination. Other states also may have agency enforcement mechanisms. In such cases, competent legal advice is required.
The Massachusetts ME/CFS & FM Association can assist patients with resources and counselling in the area of job accommodation. Please Contact Us.
Resources
The Massachusetts Rehabilitation Commission provides vocational rehabilitation services to the disabled. Those considered to be disabled by the Commission can receive extensive training, education, rehabilitation and support services for future employment more compatible with the level of disability. Assistance from the Commission is available to those collecting Social Security benefits, and to those not receiving benefits.
The Disability Law Center in Massachusetts is a state-wide legal advocacy, information, and referral agency for individuals with disabilities. The Center does not usually provide individual legal representation, but lawyers at the Center can provide answers to difficult technical and legal questions concerning the Social Security Disability programs. The Center may be able to assist those denied unemployment compensation because they can only work part-time due to disability. The Center can also advise on the legal right to job accommodations.
The Massachusetts Office on Disability provides information, referral, and advocacy for a wide variety of issues and problems facing disabled individuals. The Office provides direct advocacy for individuals who are having problems obtaining services from the Mass. Rehabilitation Commission, or who are suffering various forms of job discrimination. Information, referral, and advice are provided for many other problems—including housing, medical assistance, transportation, independent living, and other needed services.
Many cities and towns have disability commissions, social service departments, or civil rights commissions.