so..i got let go because i asked for accommodations

[Masked Man]

Questions:

1. What is "onboarding hospital employees"? (I have a guess ...something about fitness to work or return to work?)

2. I was under the impression most work accomodations had nothing to do with work restrictions...am I wrong about that?

e.g. Needing to wear headphones or use an FM system for hyperacusis (I have that latter in report from a hospital-based audiologist - for academics and vocational - probably would need updating though, if I had a job to apply for or use it at, since it's old and usually these things usually have recent-ness requirements like "within past 5 years"); Needing to receive information in a specific format...

Or are the 2 examples above technically "work restrictions"?

1. "Onboarding" employees is the term our clinic uses for the work involved in hiring a brand new worker. Usually it involves gathering lots of documentation, such as health history, vaccinations, and physical limitations that might affect job duties. (This is where we discuss any restrictions that may be required).

2. The work accommodation is what the employer offers in response to a work restriction. For example: a person may have a permanent work restriction that they are limited to lifting no more than 10 pounds. The employer hiring manager then determines if the job that this person is applying for either meets their restriction OR can the employer somehow accommodate them (maybe have the worker do SOME of the job duties but not all).

Restrictions and accommodations can either be long-term or shorter-terms (like work injuries).

People can have other restrictions like needing to take breaks every 60 minutes, must be able to change positions, must be able to wear noise-cancelling headphones, etc. But they have to be assigned by a practitioner. You can't write it yourself. Then of course it's up to the employer. But under the ADA, the employer is required to offer reasonable accommodations to a qualified candidate UNLESS the employer can demonstrate the accommodations are unreasonable and would cause hardship. The ADA: Your Employment Rights as an Individual With a Disability

So you see because basically it's a legal matter, there has to be medical documentation. Someone can't decide their own work restriction. That comes down to being aware of what the job is, what duties it involves and being self-aware that they would not like to do that job.

 

[RemyZee]

as you can tell by the title i got let go/fired yesterday from my job. they told me they couldn’t accommodate me, that what i was asking was unreasonable. they told me id have a better time fitting in somewhere else. i told them okay and packed up my stuff at my desk then left.

i have an interview next tuesday at Books A Million at 1:30pm. i guess im asking if i should even ask for accommodations anymore at jobs? ive had multiple bad experiences with asking for accommodations, i think im ready to give up. my mom suggested maybe i collect unemployment for the time being if i don’t think i can hold a steady job. my partner said id get stir crazy if i did that.

have you ever asked for accommodations at your job? how did it go? what do yall do for work?

Sorry you are having to go through that, but maybe it is a good time to explore things you feel drawn toward....try volunteering, taking courses, etc if you can manage on unemployment. I've tried both ways: not asking for accommodations and later it caught up to me because I hadn't been forward with my employer from the beginning. In my job of the past 2 years I disclosed and asked for accommodations and it's worked out well and I work for a disability advocacy center: it has opened a lot of doors, but the standards are high, and there is a certain process to it all. But I have repeatedly regretted NOT disclosing...always seemed to lead to problems. It has been a relief for people on the job to know.

 

[the_tortoise]

@Masked Man , thanks for the info!

So you see because basically it's a legal matter, there has to be medical documentation. Someone can't decide their own work restriction. That comes down to being aware of what the job is, what duties it involves and being self-aware that they would not like to do that job.

The ADA doesnt apply in Canada, but it is similar here that you usually need documentation (I was never asked for any, but would have been for autism had I been allowed to resume my job -- as that was new info for them, while the ADHD was not, and the accomodations I was given without asking for them were not a big deal.)

Although unlike in the USA, documentation doesn't necessarily have to be from a medical doctor -- can be a psychologist or other healthcare provider depending on the specific disability and the applicable laws.

And the laws are not all country-wide. Laws about disability accomodation (in school or in the workplace or anywhere else) are usually provincial/territorial, and vary widely across the country.

 

[VictorR]

@Masked Man , thanks for the info!



The ADA doesnt apply in Canada, but it is similar here that you usually need documentation (I was never asked for any, but would have been for autism had I been allowed to resume my job -- as that was new info for them, while the ADHD was not, and the accomodations I was given without asking for them were not a big deal.)

Although unlike in the USA, documentation doesn't necessarily have to be from a medical doctor -- can be a psychologist or other healthcare provider depending on the specific disability and the applicable laws.

And the laws are not all country-wide. Laws about disability accomodation (in school or in the workplace or anywhere else) are usually provincial/territorial, and vary widely across the country.

Duty to accomodate law for employment is pretty standard across Canada regardless of provincial/territorial or federal jurisdiction, with the Meiorin case being the landmark case that is cited universally.

British Columbia (Public Service Employee Relations Commission) v British Columbia Government Service Employees' Union - Wikipedia

The main differences in the legislation is more on the recourse side. Federal cases (involving the federal government, or something federally regulated, like a bank or telecom) have caps on damages and so award amounts tend to be lower than in similar provincial cases.

That said, the vast majority of human rights complaints are settled via mediation, and so relatively few cases actually get heard before an adjudicator or judge.

To add to @Masked Man comments, the doctor (or other professional) would be identifying the limitations / barriers - the choice of accomodation or adaptation is up to the employer, as long as it is reasonable.

e.g. Doctor identifies limitation as commute being no longer than 20 minutes each way. The worker may prefer to work from home, but the employer may choose instead to assign them to a different work location within the 20 minute cap.

 

[the_tortoise]

Duty to accomodate law for employment is pretty standard across Canada regardless of provincial/territorial or federal jurisdiction, with the Meiorin case being the landmark case that is cited universally.

British Columbia (Public Service Employee Relations Commission) v British Columbia Government Service Employees' Union - Wikipedia

The main differences in the legislation is more on the recourse side. Federal cases (involving the federal government, or something federally regulated, like a bank or telecom) have caps on damages and so award amounts tend to be lower than in similar provincial cases.

That said, the vast majority of human rights complaints are settled via mediation, and so relatively few cases actually get heard before an adjudicator or judge.

To add to @Masked Man comments, the doctor (or other professional) would be identifying the limitations / barriers - the choice of accomodation or adaptation is up to the employer, as long as it is reasonable.

e.g. Doctor identifies limitation as commute being no longer than 20 minutes each way. The worker may prefer to work from home, but the employer may choose instead to assign them to a different work location within the 20 minute cap.

https://www.cbc.ca/news/canada/edmo...y-advocate-accessibility-law-report-1.7513472

I am pretty sure that any qualified health professional in a relevent regulated profession (e.g. psychologist, occupational therapist) is allowed to provide documentation for workplace accomodations when a workplace asks for them. (Not all of them actually ask for documentation - it depends on the workplace and
what you ask for.)

I am having a very hard time finding the relevent legislation to confirm
or deny this, though - do you happen to have links to info that proves me wrong?

 

[cooljethro]

That's a very important factor. I've been both employee and employer so I understand the frustration on both sides.

If what you're asking for is going to cause disruptions to workflow or create more work for other people or otherwise make things more difficult then it's in the employers best interests to just replace you. You can make all the legal arguments you like but if they want you gone they'll find a way.

The other thing is people don't like surprises. Getting the job first and then telling them "Oh by the way, I expect this this and this." is never going to go down very well. They feel like you've just conned them. Always discuss any requirements you have during the job interview, give them an opportunity to make an informed decision about employing you.

I changed jobs a lot in life, it's an autism thing. That means I did a lot of job interviews and I got pretty good at them. I always treated prospective employers as equals and discussed with them on equal terms what I wanted and what I was capable of doing. So I sold myself and explained some of my quirks while I was at it.

"I'm not here for the social life. I'm not here to make friends and I don't do work christmas parties, I just like to be left alone to do my job." was always one of my stipulations.

Disabled people often propose their wanted accomodations later than the hiring stage, since a lot of employers discriminate against job seekers who want accomodations at the interview stage and often decide it is not worth the bother to deal with a disabled job seeker, and then find some other convenient reason why the disabled job seeker is supposedly not suitable for the job, even if a disabled employee is eminently qualified for the role they are applying for.

Getting a foot in the door makes it harder to say 'no' for the employer, if a couple of months into the job, accomodations are requested.

An unfortunate reality, but the world isn't kind to disabled job seekers, so dishonesty sometimes is necessary, especially when there are no other immediate forms of reasonable income available for some disabled folk.