Stress Disorder And Obesity As "Disabilities" - The Americans With Disabilities Act

[anthony]

Two recent cases examining whether an employee is "disabled" and therefore, entitled to protection from discrimination under the Americans with Disabilities Act of 1990 ("ADA"), illustrate how courts are approaching health concerns gaining increasing societal attention: stress disorders and obesity.

The ADA prohibits employers with 15 or more employees from discriminating against qualified individuals with a disability in all aspects of the employment relationship and to make "reasonable accommodations" for all such qualified individuals unless doing so would cause "undue hardship" to the employer. A "disability" under the ADA is a physical or mental impairment that substantially limits a major life activity such as hearing, walking, speaking, thinking, and performing manual tasks.

Source: Mondaq Labour & Employment

[2quilt]

What kinds of reasonable accomodations would we want as sufferers of PTSD, folks?
Flex time?

[linasmom]

Hmm, that's interesting - can obesity be considered a disability if there are ways to cure the obesity?

Reasonable accomodations - that's always hairy.

"hey, my boss is an a-hole and is triggering me, I want a new boss!"

[TLight]

Boy, Linasmom............

A-hole bosses Definately trigger me. Something I'm terrified about going back to work.

I did check out a website about PTSD accomodations: included such things as: taking breaks, being able to walk away when things get stressful, flex time, telecommunting, enclosed cubicles, signs posted as please knock & try not to disturb, etc. etc. I thought a lot of those things might be very helpful

[cactus_jack]

FWIW Anthony the US Department of Veteran's Affairs now accepts PTSD as a legitimate disability. And last I know so does the Social Security Administration.


I know I've been considering applying for temporary benefits.

[JustJane]

I don't mean to stray too far off the topic, but what bothers me is, do I have to disclose to an employer what my disability is? That really scares me because I am in a small town and people consider gossip to be the #1 sport around here. I am applying for social security disability to at least have the finances to go back to college to learn something new - like a culinary institute - so I can go an entirely different direction with work. But I am already worried about telling someone about my problem that isn't evident to casual observation.

[cactus_jack]

Only if you are asking for accommodations. Otherwise it's none of their business.

[pandora]

I felt i had to tell my employer......she always called wanting me back..I don't think she full understood but she tried.

Then.....no contact.

[cactus_jack]

Most of my employers love my work. And then, most of them back off when they find out about my head injuries and PTSD. Then I'm worse than the Bubonic Plague.

[Cindy]

You crack me up c-jack. (Bubonic Plague?)

Over the past 4 years I have had difficulties at work on and off. At one point I did question the social services personel of the statewide union. They were responsive but not persistent in keeping in touch with me about my difficulties. I let it drop back then.

I am again concerned I may have to bail out before retirement in 5 years. I don't know if I'll make it. Bailing out really terrifies me. It's like saying I can't handle life anymore. I'm so stubborn about toughing it out over my personal needs.

I keep sitting on the wobbly fence.

I don't see how you can leave employment without an explanation to your supervisor or atleast Human Resources. That also would be real tough to deal with. It's like admitting all the negative beliefs are true. Rationally I know that is BS but since when am I rational when it comes to trust and disclosing my inner world.

This whole topic spooks me because it may come knocking at my door sooner than later.

[upstream]

Most of my employers love my work. And then, most of them back off when they find out about my head injuries and PTSD. Then I'm worse than the Bubonic Plague.

So you have cuties and they call you names?

More and more I find myself deciding that people don't grow up, they just grow more sophisticated and tactful.

[cactus_jack]

So you have cuties and they call you names?

More and more I find myself deciding that people don't grow up, they just grow more sophisticated and tactful.
Cuties? You lost me.

[Cindy]

Cooties is when you have something that is catching or like a germ - young children often use the term - "you have cooties" and in adult meaning, you have something that is unacceptable. Like you are contagious or they don't want to touch you.

[upstream]

What Cindy said. Cooties is an imaginary disease in the minds of young children. They single one person out and say that he/she has cooties, and then everyone acts like the kid with cooties has the plague.

[cactus_jack]

Yes, yes. THAT I am aware of. Just not the spelling used, as me and a few of the guys I know use it to describe cute women.... "Just saw a batch of cuties down at the Lariat! Wanna go shoot pool down there?"

[upstream]

Ah, my bad. I guess spell check just isn't enough...