A – If you feel that you have been treated differently as a result of disclosing to one person or because someone has shared information about your illness, there are several options:

• Ask yourself: am I being discriminated against based on one of the protected grounds of discrimination (i.e., disability, race etc.)?
• Speak with the discriminator, request a meeting with someone higher up in your organization, or write a letter of complaint
• Write down all of the events, conversations or situations that make you think you have been, or are being, discriminated against. Make sure you include who was involved, what happened, and when each event happened (date and time). Gather anything that will support your story– documents, memos, names of people who witnessed events, performance reviews, e-mail print outs etc.
• If you have questions, talk to somebody. If you have a Union Representative, contact them and ask for information and support.
• Find out if there is a complaints process at your workplace or through your union. Check your employee handbook, collective agreement, or talk to someone in the human resources department to find out what the complaints process is. If there is no process, or if you are unable to find out what that process is, you can write a letter of complaint to whoever you think is the best person to talk to. Make sure you do everything in writing and ask that they reply in writing within a certain timeframe. Make sure you keep a copy of the letter for your files and that you put a date on everything that you send.
• If writing letters or filing a complaint with your employer is unsuccessful, there are other options. You can file a human rights complaint with your provincial/territorial Human Rights Commission, or you can launch a civil lawsuit.
• You may also want to seek additional support from your local disability organization.

For additional information read the HIV Legal Network’s booklet, Know Your Rights 2 –Accommodation in the Workplace (written in the context of HIV, but useful to others living with episodic disability).

A – If you feel that you have been treated differently because of your disability contact your local human rights agency to find out your rights and to discuss your options.

Important Tips:

• Document the event(s)
• Save any letters or paperwork provided to you by your organization
• Consult with an employment professional or lawyer before making any specific decisions regarding your job (for example, leaving your position)

A – Employers have a duty to accommodate employees with episodic disabilities in the workplace.

The process of requesting an accommodation can open up your relationship with your employer or it can reduce the quality of the relationship. Go to your employer with suggestions and ideas on which accommodations will help you do your job better and let your employer know that your job is important to you. Requesting a workplace accommodation is a process and may take time. Be willing to work with your employer to make the accommodation happen during this process. Be aware that initial workplace accommodation plans may need to change as you start back to work. Ensure there are regular meetings scheduled to assess progress and adjust plans.

Some employers require a note from a doctor to accompany a request for workplace accommodation. When you request a note from your doctor, bring a copy of your job description and ask your doctor to outline what limitations you have on your work tasks and how long these limitations are expected to last.

Episodic disabilities (or illnesses) are chronic conditions characterized by periods of wellness and illness that may vary in severity, length, and predictability from one person to another. By “episodic” we refer to fluctuating, or sometimes unpredictable periods, degrees and severity of illness and function. Examples include multiple sclerosis, arthritis, diabetes, HIV, hepatitis C, chronic pain, some forms of cancer and mental illness. See our list of conditions that can lead to episodic disability.

Unlike permanent disabilities, episodic disabilities are unpredictable and often can be more difficult to manage in terms of employment. For example, a person with multiple sclerosis may not be able to work more than two days in a row, due to fatigue. A person living with HIV may have to wait for the side effects from medications to wear off before being able to work, making regular office hours challenging.