Jill – an Episodic Disabilities Case Study
Meet Jill: Jill is not a real person, but her story is real, and it captures the reality of thousands of Canadians with episodic disabilities. She has been working reliably for 25 years even after being diagnosed with rheumatoid arthritis seven years ago. This past year, Jill has experienced flare-ups that are unpredictable and last from a few days to a month. Her sick leave entitlement does not cover her situation, so last month she had no choice but to quit her job and go on disability income support.
The Issues in a snapshot
Advances in medical technologies mean that many diseases and conditions that were once considered fatal or debilitating are now more treatable and disabling symptoms can often be reduced, managed, or delayed. As a result, more and more Canadians are living with lifelong episodic disabilities. Most people affected are in their prime working years and tend to be experienced workers with needed skills and talent. The price of excluding people with disabilities from the world of work is economic loss – for the individual, for the family, for employers and for the country.
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Frequently Asked Questions (FAQs)
What should I do if I think my employment rights have been violated?
- 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.
What should I do if I experience discrimination in the workplace?
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)
Won’t requesting accommodation hurt my career?
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.
What are Episodic Disabilities?
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.