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{"id":7001,"date":"2016-03-17T00:00:00","date_gmt":"2016-03-17T00:00:00","guid":{"rendered":"https:\/\/1millionbestdownloads.com\/condition-chronic-pain-expert-jennifer-jaff-explains-how-to-manage-chronic-pain-in-the-workplace\/"},"modified":"2016-03-17T00:00:00","modified_gmt":"2016-03-17T00:00:00","slug":"condition-chronic-pain-expert-jennifer-jaff-explains-how-to-manage-chronic-pain-in-the-workplace","status":"publish","type":"post","link":"https:\/\/1millionbestdownloads.com\/condition-chronic-pain-expert-jennifer-jaff-explains-how-to-manage-chronic-pain-in-the-workplace\/","title":{"rendered":"Expert Jennifer Jaff Explains How to Manage Chronic Pain in the Workplace"},"content":{"rendered":"

Jennifer Jaff, Esq., is an insurance and disabilities attorney and is the founder and executive director of Advocacy for Patients with Chronic Illness<\/a><\/i>.
Q:<\/strong> Should I mention my
chronic pain condition in a job interview?<\/p>\n

A:<\/strong> No. You have no legal obligation to mention it. If you do and you don't get the job, you're never going to know if that was part of the reason why. It's just not smart. Get the job first, and then if they fire you, you can say "This is why they fired me."<\/p>\n

Q:<\/strong> Should I tell my boss once I'm working?<\/p>\n

A:<\/strong> In my view, there are only two reasons to tell an employer that you have any chronic illness. One is if you are requesting leave under the Family and Medical Leave Act, and the other is if you are requesting accommodation under the Americans with Disabilities Act. Other than that, there's absolutely no reason to ever advise an employer. It's irrelevant. If you need accommodations, then you need to explain why you need accommodations. Or if you're requesting family or medical leave, you have to explain why you're entitled to it. But if you are able to perform the essential functions of your job without any accommodation, then you have no obligation to advise your employer, and I can't think of a reason why you would want to.<\/p>\n

Q: <\/strong>How does the Americans with Disabilities Act (ADA) apply to people with chronic pain?<\/p>\n

A:<\/strong> The ADA<\/a> is a law that prohibits discrimination in employment on the basis of disability. It applies to employers with 15 or more employees. The ADA is intended to require employers to provide equal opportunities to employees with disabilities by requiring them to provide reasonable accommodations to such employees, and by prohibiting them from taking any adverse employment action against such employees on the basis of their disability. So the ADA allows patients with chronic pain to request reasonable accommodations that allow them to work despite their disability. For example, a patient with chronic pain from typing can request a voice-activated computer.<\/p>\n

Q:<\/strong> What does it take to qualify under the ADA?<\/p>\n

A:<\/strong> The ADA defines a disability as substantial impairment of a major life activity. Major life activities are the basics of what human beings do—seeing, hearing, walking, talking, going to the bathroom, eating, sleeping, etc. In order to be a qualified individual with a disability, you have to, number one, be disabled and, number two, be able to perform the essential functions of the job with or without accommodation. The essential functions of the job are generally listed on the formal job description. So if your job is data input and once in a while you have to cover the telephones, the data input would be your essential function, but covering the telephone is probably not since it's a once-in-a-while thing.<\/p>\n

Q:<\/strong> How can I get a reasonable accommodation?<\/p>\n

A:<\/strong> If something comes up, submit a written request for accommodations with a letter from your doctor explaining why the accommodations you are asking for are necessary because of your illness. Your employer then says, "Sure, we'll give you these accommodations," or "No, we won't give you these accommodations, but we'll give you some others," or "Let's sit down and talk." Or "No way, no how—we're not accommodating you."<\/p>\n

In the first scenario, they grant your accommodation. In the next two, they deny your accommodation but they enter into an interactive process, so you probably have no complaint. If they just say no, then you have a complaint because they haven't engaged in the interactive process.<\/p>\n

Q:<\/strong> How does the interactive process work?<\/p>\n

A:<\/strong> I think a lot of people don't understand the process of getting accommodations. You can ask for a modified work schedule and your employer can come back and say, "No, I only have three people in your job, and I can't afford for one of them to be working less than full time, because that's a business necessity." It has nothing to do with your disability, and your employer is allowed to say no in a situation like that, if it's a legitimate, nondiscriminatory reason to deny your request. What they are not allowed to say is no accommodations under any circumstances. They have to engage in an interactive process.<\/p>\n

Let's say a patient with fatigue from a pain condition needed to work fewer hours. The employer comes back and says, "I can't do that, but I can provide you with extra extended breaks during the day." You'd still have to put in the full eight hours, but you could put in the full eight hours over 10 hours and that might help your fatigue. It's supposed to be a dialogue. What employers can't do is just say no.More about coping with chronic pain<\/em><\/p>\n