I am not an expert so the affected employee should contacf the US Dept of
Labor, then go on a free appointment.::but here's something.
The U.S. Dept. of Labor, Office of Contract Compliance , (in blue pages
towards front of phone book (is the initial point of inquiry a person should
conntact if they have an ADA concern. They have branch and regional offices
throughout the country. Keep in mind... the law is relatively new, thus this
office's responsibility is new to them too. So watch for your interests -
don't just "hand over" your concerns.
Your employer may be free from the requirements of ADA is they have 15 or
less employees, or are considered an otherwise "small" employer, or if
satisfaction of an individual ADA accommadation is a "financial" burden.
State Comp case info is "supposed" to be confidential, but since we're in
the "real world", realize that common sense is good
guidance...confidentiality is as secure as the character of the recipient in
the employer's payroll or personnel office.
Volunteer disclosure of a chronic progressive disease like Parkinsons, and
involuntary disclosure of such info are both vulnerable acts for special
needs persons. The decision to disclose or to await the possibility if
involuntary disclosure is best made by the affected employee. But here's
something to consider:
If an employee suffers negative employment
consequences, and the affected employee
feels it might be a result of the employer's knowledge
of the person's condition... the burden of proof
(prove the bad behavior is result of employer's
knowledge of the illness) is on the employee.
However, if the employee notifies the employer
by letter or memo, and requests that a copy be
placed in his/her employee file before the employer's
bad behavior starts, then it's easier for Wage & Hour investigators to
prove that the employer knew that the employee had a health problem, and as a
resultl of that knowledge, initiated bad behavior towards the affected
employee.
It's also important to know if your employer is a recipient of any federal
contracts. If so, the employer is subject to more problems (penalties,
sanctions, etc,) If you don't know, thee WAGE & HOUR investigator can find
out, but if you already have that info...you can help keep matters smooth.
In some cases, the US Dept of Labor, Office cann't handle your concern and
it's passed to the US Dept of Equal Employment Opportunity Investigations
office. They are overloaded with alot of cases so manytimes quality
care/attention suffers.
Basiclly,althoughthe ADA law concerns are basic employment conditions, the
affected person(s) are
very vulnerable. The greatest protection is "public objectiion" to the
mistreatment of the ill. That's where
persons with PD are most vulnerable! ...Check it out...
every state Governor / recipient of federal monies, is required by law to
have a baord is required to have board such as the Governor's Commissioon on
disabilities, etc
But there is no one on the board representing persons with PD.
Well, talk to ya laterL!
Mhd,
financial
a
