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Should employers be able to refuse employees with chronic illnesses?

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AlienGirl Donating Member (1000+ posts) Send PM | Profile | Ignore Mon May-23-05 10:54 PM
Original message
Should employers be able to refuse employees with chronic illnesses?
Edited on Mon May-23-05 10:58 PM by AlienGirl
I have a few annoying chronic conditions that mean I sometimes will be sick. I will probably be sick more often than average. I have started thinking about working a Real Job, but I'm kind of worried that my medical history makes me unemployable. I don't know if I'm a good bet for anyone to hire.

If I'm reading the ADA right, it only covers people who have been judged to be disabled--which will soon no longer apply to me, my SSI is going to be cut because I've been relatively functional.

Should employers be free to pass up candidates who are kind of sickly and will therefore be a burden on their company? If not, why not?

Tucker

On edit: And employers can't ask about health problems, but am I less than honest if I don't disclose during the interview that I have problems?
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Sanity Claws Donating Member (1000+ posts) Send PM | Profile | Ignore Mon May-23-05 10:59 PM
Response to Original message
1. No
I see you're in Seattle. Washington state has much stronger protection against disability discrimination than the federal ADA.
You may want to check with an attorney if you find that employers are asking what you perceive to be inappropriate questions regarding your medical condition.
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AlienGirl Donating Member (1000+ posts) Send PM | Profile | Ignore Mon May-23-05 11:01 PM
Response to Reply #1
2. No one has asked
But I am about to graduate from college and will need a Real Job.

I'm also not sure whether it's entirely ethical *not* to tell a company up-front, "I have a condition that makes me likely to miss work occasionally." They aren't a charity; they're a business...

Tucker
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bridgit Donating Member (1000+ posts) Send PM | Profile | Ignore Mon May-23-05 11:01 PM
Response to Original message
3. i have a friend w/cerebral palsy...
who was refused a job @ macy's because he couldn't climb a ladder :shrug: at least that's what they told him
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Not_Giving_Up Donating Member (1000+ posts) Send PM | Profile | Ignore Mon May-23-05 11:23 PM
Response to Original message
4. As someone with chronic health problems
who was just fired today, I will say NO. None of my conditions qualify me for SSI, and I have to pay the rent and eat. I work my ass off, but sometimes I miss work here and there, more than the average employee. Things were really bad recently, forcing me to miss work for a month, but that's the first time it's happened, and I hope it doesn't happen again.
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rotwang Donating Member (16 posts) Send PM | Profile | Ignore Mon May-23-05 11:29 PM
Response to Original message
5. Disabled vet here
This is part of what divides the nation, the GOP says business ought to be free to hire ONLY who they want to, fire anyone that costs them more, and not insure you to boot.

And some on the left want you protected to the point where you can get a job and then bleed the firm white with sick pay and leave, and with higher rates for health coverage for all.

There is a middle ground I think. If your condition so puts you at disadvantage in employment that you cannot compete on a level field with other workers in any job, then you should be allowed to work part-time and get social security. But, there is no middle ground in America any more.

We are forced to pick a side. I wish we could say that federal, state and local governments would hire the people like you and me, and leave the Faustian free market to it's own devices. But, all the preferential laws, and antidiscrimination laws, and even such as veteran's preference are hogwash. Let's face it, the nation says we are not unemployable, they just will not hire us.

In my case I have a bachelor degree in finance, and a lot of experience, I am smart, good-looking, and ethical. I am loyal too. But, as a 70% disabled veteran I could not get a job, for years, from 2001 till I was retired by the VA a few months ago. I had applied for a hundred jobs FAR beneath my ability and credentials and even the VA would not hire me in spite of laws that say they MUST hire me unless another disabled vet is applying for the post. What they did was cancel the vacancy for a few months and I reapplied for the same job over and over, what it amounted to was that the supervisors with openings were just NOT going to have their hires dictated to them no matter WHAT the law was. And that was the VA, if I cannot get a job as a disabled vet with the VA then who CAN I work for?

The problem is that in ALL cases of discrimination the burden of proof is on an individual with no resources. And all grievances and appeals have to go through the same agency that discriminated in the first place, I have first hand experience.

Look at the percentage of the population that has a "disabling" condition. Mind you that does not mean you have to look and need the same accommodation as somebody like Stephen Hawking, just a condition that makes you less than the all American boy in the next cubicle, that is prone to more absenteeism. Now, go into any business and see if you see anybody like that. I worked at Huntington Bank headquarters in the trust administration department and the whole time I was there I never once saw a single person that had ANY kind of disability, not on 30 floors of that structure. Same when I worked for the state of Florida, and Ohio, or with the largest PPO in the country in New York.

Worse than that, I know I got a job when I was 21 because I was better looking than the competition. There were many applicants but only three interviewed for these two jobs, I was no better than the others, but one woman that showed up to interview was decidedly unattractive. And by that I mean she was really very hard to look at. I felt sorry for her, and myself for thinking it. But, she did not get the job, I and another did. I would ask why that is not considered a disability in light of the fact that her employment record will show that she cannot get a job.

Now, I am over 40, I cannot get a job. Thanks to Bush Amerika there will ALWAYS be younger, better looking, more educated people than me at any interview. When we had full employment under Clinton any person that wanted work could get it. They were hiring house pets in his second term sight unseen.
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wovenpaint Donating Member (1000+ posts) Send PM | Profile | Ignore Mon May-23-05 11:54 PM
Response to Original message
6. Here's my two cents on this one
No matter who is employed, there is a risk that they will sometimes be sick-some more than others. It's a cost of doing business in the first place.
There are reasons why potential employers aren't allowed to ask about health problems, so I don't think you should feel obligated to "warn" them of any potential future problems.
That said, "your responsibility" would be to choose a compatible (as possible) job for yourself. I don't know anything about your situation and I don't mean any offense, or to sound trivial- but it would probably be a good thing to take your health situation into account in your job search. Example: I can have painful problems with my feet if I'm on them for hours at a time, waitressing could potentially cause me to miss work (that's how I got foot problems in the first place, lol).
Hope this helps-Good luck in your search-and hang in there!
:hi:
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gardenista Donating Member (1000+ posts) Send PM | Profile | Ignore Tue May-24-05 12:12 AM
Response to Original message
7. A couple of things...
Good advice upthread about trying to find a job that suits your circumstances. Perhaps you can find something with flexibility that would also allow you to work from home sometimes when you have a bad day.

And this might sound strange, but have you thought of working for yourself? Do you have a skill or specialization that would allow you to develop a client base and set your own hours? Of course, this is not a risk-free proposition, and health insurance on your own is pretty hefty.

You are not less than honest to not disclose your conditions. However, I believe that the employer is allowed to ask you if you can perform certain functions that are essential to the job, but I don't know the details well enough to advise you on that.

Please don't let your condition prevent you from trying to get a job that you enjoy. You can work it out with the right employer, but you have to work as hard as you can on your end to keep up your part of the bargain.

Best of luck, Tucker!
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gardenista Donating Member (1000+ posts) Send PM | Profile | Ignore Tue May-24-05 12:13 AM
Response to Original message
8. Oh yeah, forgot to suggest a career counselor!
There may be something just right for you that you haven't considered.

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Name removed Donating Member (0 posts) Send PM | Profile | Ignore Tue May-24-05 12:14 AM
Response to Original message
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Kire Donating Member (1000+ posts) Send PM | Profile | Ignore Tue May-24-05 12:25 AM
Response to Original message
10. take that job and you will be disabled
at least that's what happened to me
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