posted
I've had Lyme for 8 years. I still work full time at a desk job, and I was applying for a new job on line this morning. I came to a page in the job application that says this:
VOLUNTARY SELF-IDENTIFICATION OF DISABILITY
Why are you being asked to complete this form?
Because we do business with the government, we must reach out to, hire, and provide equal opportunity to qualified people with disabilities.i To help us measure how well we are doing, we are asking you to tell us if you have a disability or if you ever had a disability. Completing this form is voluntary, but we hope that you will choose to fill it out. If you are applying for a job, any answer you give will be kept private and will not be used against you in any way.
If you already work for us, your answer will not be used against you in any way. Because a person may become disabled at any time, we are required to ask all of our employees to update their information every five years. You may voluntarily self-identify as having a disability on this form without fear of any punishment because you did not identify as having a disability earlier.
How do I know if I have a disability?
You are considered to have a disability if you have a physical or mental impairment or medical condition that substantially limits a major life activity, or if you have a history or record of such an impairment or medical condition.
Disabilities include, but are not limited to:
Blindness Deafness Cancer Diabetes Epilepsy Autism Cerebral palsy HIV/AIDS Schizophrenia Muscular dystrophy Bipolar disorder Major depression Multiple sclerosis (MS) Missing limbs or partially missing limbs Post-traumatic stress disorder (PTSD) Obsessive compulsive disorder Impairments requiring the use of a wheelchair Intellectual disability (previously called mental retardation) Please check one of the boxes below:
YES, I HAVE A DISABILITY (or previously had a disability)
NO, I DON’T HAVE A DISABILITY
I DON’T WISH TO ANSWER
Your Name........etc.
Looking at the items that qualify as disabilities, one can draw the conclusion that chronic Lyme should be on the list.
Since they as an employer are expected to take opportunities to hire qualified disabled people, I look at this as an advantage because they have to fill some kind of quota, just as they do for minorities. And don't give me that baloney that affirmative action is not a quota system. It is! I'm a hiring manager myself. I know how the system works. Don't look at a duck and call it a moose. But I digress.
So the question is, do I list my Lyme? The risk is, since the IDSA does not recognize chronic Lyme as a bona fide disease, than how can I claim it as a disability? And if the employer sees that I have Lyme and it doesn't qualify as a disability, I can kiss the job goodbye.
Do I have to be on Social Security disability to qualified as disabled?
Anyone know anything about this?
-------------------- -chaps �Listen to the bell, Borrelia. It tolls for thee!� Posts: 631 | From A little place called, "we'll see." | Registered: Apr 2010
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MichaelTampa
Frequent Contributor (1K+ posts)
Member # 24868
posted
The answer is, sure, lyme can be a disability, for those in the situation where it is limiting a major life activity. As you inferred yourself, the list suggests that it is meant to be interpretted to include lyme if it is a reasonably significant case, and there are limitations in what one would reasonably do.
I would think it very unlikely that during the hiring process any kind of investigation of a specific situation as truly qualifying under that definition would be done. They would consider that violating your privacy to even ask for the additional information that would so obviously be needed to make such a judgment.
Bottom line is they get credit for hiring people who identify themselves in that manner. They have no motivation whatsoever, and really, no legal right, to attempt to verify it. It is far aside from the purpose of the document.
How much it will help in any given case depends on the employer, their HR department, and the hiring manager. As you're a hiring manager, you know all about that part. I think in some instances as a hiring manager I have seen how prospective candidates filled out these forms, but more recently the employer has not shared that information with us.
I guess one caution would be if you ever apply for insurance where underwriting is required, a company could potentially end up with how you filled that out, and hold it against you if you admitted it there and not admitted it during the underwriting process. That seems a bit remote to me, but not impossible, you never know these days the way information flows around. Of course, if you would plan to be honest in future underwriting, then admitting it here would be irrelevant.
The IDSA is just a professional organization, and not the only one, by the way, related to infectious disease. They have no jurisdiction in whether you consider yourself to have an illness that limits your major life activities.
Regarding your question of being on SocSec disability, the explanation provided on the form makes it very clear that it is not intended to be restrictive in that way. That would also make no sense, in that to qualify for SocSec disability, you have to prove total and permanent inability to work, and thus would not be applying for a job.
[ 07-12-2014, 10:42 AM: Message edited by: MichaelTampa ]
Posts: 1927 | From se usa | Registered: Mar 2010
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steve1906
Frequent Contributor (1K+ posts)
Member # 16206
posted
Myself, I would never tell any employee, nor current employer I have Lyme or Co-infections. You already mentioned most of the reasons for this. But on the other hand, If they asked on the application if you have Lyme disease I would say yes; for life ins. reasons.
You’ve been around the block for a lot of years regarding these diseases, I’m sure you know the risk of acknowledging your diseases like this controversial one.
Keep in mind, a few of those disabilities listed on their site relate to Lyme disease. I would never encourage anyone to tell an employer they have major depression, bipolar disorder etc.
Good luck on your new job, I hope you get it!
Steve
-------------------- Everything I say is just my opinion! Posts: 3529 | From Massachusetts Boston Area | Registered: Jul 2008
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posted
Since it is not recognized (officially) as a disability, then you would not be obligated to list it.
My opinion is you are not disabled unless you qualify for a disability under social security or some other retirement system (like a state government disability label.)
-------------------- --Lymetutu-- Opinions, not medical advice! Posts: 96239 | From Texas | Registered: Feb 2001
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MichaelTampa
Frequent Contributor (1K+ posts)
Member # 24868
posted
The whole form itself is voluntary. It is only meant for the govt to see how well companies are doing in providing access to jobs for those with disabilities. The companies are required to give applicants the opportunity to self-identify themselves as having a disability, and the companies are require to keep track and report numbers on how many self-report, what pct are hired, etc.
Disability means different things in different situations. Literally, of course, it means "not able" to do something. For example, the ADA provides protection to employees who are disabled, requiring their employer to provide reasonable accommodations as might be needed to help them do their job.
Posts: 1927 | From se usa | Registered: Mar 2010
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posted
I've had two employers since getting sick with Lyme. I never told them anything about Lyme disease and I don't think they've ever had a clue. I've never shared it with any current or former co-workers.
I think all things considered, I'm going to keep it that way. I've been hired on my merits in the past, it's probably better to keep it that way. What might look like gaining a small advantage now will likely be a problem in the long run.
The reason that I'm seeking to leave my current job is that it's been getting more stressful of late, and I can't have that as you all know only too well.
What a vicious cycle. In order to get treatment, we need money, thus need a job. If we get the job, we get stressed. Now we can afford treatments, but the stress knocks us back down.
Anyway, thanks for the help and thanks for the well wishes, Steve.
-------------------- -chaps �Listen to the bell, Borrelia. It tolls for thee!� Posts: 631 | From A little place called, "we'll see." | Registered: Apr 2010
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posted
Michael, in response to your most recent post, the one thing that I'm not able to do is travel a lot. First of all, there's a high risk of catching flu viruses on planes. Immune-compromised people are not able to survive these viruses the way healthy folks are. And traveling seems to wipe me out. It might be that the nitrogen from the changes in pressure when flying kills pathogens, so it could be a herx.
Secondly, unless you have one of those dream jobs, and 90% of the population doesn't really love their job, most jobs are stressful in one way or another. Lyme sufferers can't cope with stress the way healthy people do.
Another item is taking therapies. Eating healthy, taking supplements hourly or even more often, or doing things like rife treatments or ozone insufflations are not things that you can do at the office. But if you could work from home, you can still get in 8 hours of work per day, plus do the things you need to do in order to get well.
So therein lies the problem. You are well enough to go to work every day, technically you're "able" to do that. But the stress and the rigor of showing up at the office and not being able to do the therapies will make it such that you'll keep working until you progressively get too sick to work. THEN, you can say--alright, I'm disabled.
One of the things I've been fortunate with is that my symptoms have never been highly cognitive. I've been pretty much on the ball.
I would love to have a job where I could work from home. Unfortunately, the kind of work that I do is not conducive to that.
I wonder if I could get a govt. grant to fund some education for a career change to a job in which I could work at home. Actually, there is a position within the realm that I'm in that is conducive to working at home. But I'd need to get some training for that. I guess that's worth looking into.
-------------------- -chaps �Listen to the bell, Borrelia. It tolls for thee!� Posts: 631 | From A little place called, "we'll see." | Registered: Apr 2010
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Dogsandcats
Frequent Contributor (1K+ posts)
Member # 28544
posted
To me, this violates HIPPA. I am sure they would say it does not.....I would not fill it out. I would not make a big deal out of it, just say I prefer not to answer.
I was in HR and some times people didn't want to fill out voluntary forms and I didn't think anything about it.
Unless they rambled on about their various diseases they didn't want to list and how they could only sit for 5 minutes when the job required hours or rambled on about Big Brother coming in the middle of the night and taking them away.
-------------------- God will prepare everything for our perfect happiness in heaven, and if it takes my dog being there, I believe he'll be there.
Billy Graham Posts: 1967 | From California | Registered: Oct 2010
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poppy
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Member # 5355
posted
Are you disabled? I think that would depend on the job. If you can do it, then you aren't disabled for that job. Surely it is possible to get a job that doesn't involve traveling. But one that allows work at home would be a lot harder, IMO, and sometimes that arrangement can change depending on the whims of management.
Even non-controversial illnesses can be held against an employee, whatever they may say at the time you are hired. So, I would be very cautious about revealing any illness. A person in a wheelchair or other obvious physical disability would not have the option to withhold the info, but many others could. And if later it was required by your condition worsening, they don't have to know the whole history.
Posts: 2888 | From USA | Registered: Mar 2004
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beaches
Frequent Contributor (1K+ posts)
Member # 38251
posted
What kind of a firm is this that it is "required" to update this type of info every 5 years?
The fact that they emphasize more than once that this information will not be used against you "in any way" is laughable.
Under the guise of "downsizing" a corporation can easily rid itself of people who have chronic illnesses and/or are disabled.
And guess what? If your management finds out that you have a sick spouse under your insurance, you'll be first on the list to get the pink slip.
Totally agree this is a blatant violation of HIPPA. And that Big Brother is watching.
To anyone who is disabled and/or fighting a chronic illness but still able to work: keep your nose to the ground and more importantly, keep your mouth shut.
And that goes for workplace "friends" as well as management. Those "friends" might sell you out to get that promotion.
Posts: 1885 | From here | Registered: Jul 2012
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MichaelTampa
Frequent Contributor (1K+ posts)
Member # 24868
posted
This might provide some additional information for those concerned that employers are using this form. It is required by employers who work with the government (government contractors), but is permitted for all private employers under conditions given below.
Keebler
Honored Contributor (25K+ posts)
Member # 12673
posted
- Michael,
Thanks for that detail. It helps to know that, although I'm really hit by the tone of that, wording seems to miss the mark. -
Posts: 48021 | From Tree House | Registered: Jul 2007
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beaches
Frequent Contributor (1K+ posts)
Member # 38251
posted
Like I said, keep your mouth shut. Been around the block a few times in the corporate world. And you'd be shocked at how much a "disabled" person can run rings around an "abled" person.
Posts: 1885 | From here | Registered: Jul 2012
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Dogsandcats
Frequent Contributor (1K+ posts)
Member # 28544
posted
The only thing I was allowed to ask was "are you able to perform the basic job functions ?" Nothing else mattered.
-------------------- God will prepare everything for our perfect happiness in heaven, and if it takes my dog being there, I believe he'll be there.
Billy Graham Posts: 1967 | From California | Registered: Oct 2010
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