Re: ^ SURVEY: What do we want health practitioners to know?

[Guest guest]

I wish this were true. Its not what happened in my case and I cannot find a

lawyer to fight the government

Ginger

[Guest guest]

I wish this were true. Its not what happened in my case and I cannot find a

lawyer to fight the government

Ginger

[Guest guest]

Actually Ginger,

This was taken care of over ten years ago with the passage of the Americans with

Disabilities Act [the ADA].

The act provides that any employee with a disability is to be accommodated by

his employer.

The act seems to loosely allow an employee's physician to declare the employee

with a disability and the employer once learning of the disability MUST

accommodate that disability.

For example:

1. A woman in her fifties developed breast cancer and had the operation and

later developed a heart condition... Her employer knew of her medical

conditions as she was covered by the employers group plan.. A new boss

scheduled the department to work an extensive overtime schedule and the woman

declined as the extra hours would be too stressful.. The boss put her on notice

for insubordination. The women's husband being an assistant superintendent of

schools in charge of personnel wrote a legal letter to the personnel department

for his wife. The husband recalled the wife's medical history and defined her

condition as a disability within the terms of the ADA. The husband went on to

refer the employer to specific sections of the ADA and asked for a confirmation

that the employer would accommodate the wife's disability. Within a week the

wife received a letter from her personnel department confirming she would be

accommodated with a normal work schedule..

2. A young man [age 38] was hired as a computer trainer to assist 250 employees

in the operation of their desk top computers.. He served the employees of three

buildings located at an industrial campus. The employee weighed 580 pounds and

was slow in walking to the different destinations so the employer begrudgingly

changed his job to working at a work bench fixing computers.. In three weeks

the employee developed a back problem and requested an orthopedic chair and

appropriate work stool to allow him comfort and a healthy posture. The company

balked and a letter was written reminding the employer the man was hired as a

disabled person with a weight condition as the disability.. The personnel

department immediately scheduled the supervisor to attend the next session

covering the requirements of the ADA.

3. An optometrist, aged 72, was employed by an HMO to be a key person at their

eye clinic... A new clinic manager wished to bring in a new staff and had the

employee transferred to another clinic 25 miles away. The employee had a heart

condition and a letter was written asking for an accommodation under the ADA as

the transfer would be unnecessarily stress for a heart patient. The clinic

manager laughed and denied the request and an appeal was made to the personnel

department. The clinic manager was called on the carpet and informed the

employee was to be allowed all accommodations necessary to stay at his present

location..

I'd say any employee suffering with an employment induced allergy is

automatically covered by the ADA.. The first problem is few in middle

management understand the ADA and few lawyers understand the ADA.. I'd say that

any lawyer working in the human resources [employee relations] field could

easily handle a complaint in this field. The problem here is the law is new

enough that most run of the mill lawyers know nothing of the law..

In my opinion the law is powerful and protects the employee in many ways...

Hope this helps..

Gibala

=====================================

----- Original Message -----

From: Gingersnap1964@...<mailto:Gingersnap1964@...>

<mailto: >

Sent: Sunday, October 17, 2004 11:15 AM

Subject: Re: [] SURVEY: What do we want health practitioners to

know?

In a message dated 10/17/2004 6:56:11 AM Pacific Standard Time,

pageang@...<mailto:pageang@...> writes:

>

> 6. That we need their help in dealing with our workplaces, so that they can

> be supportive in aquiring felxible accomodations and understanding from

> employers who may have not been exposed before to this sort of disability.

>

I wish this would have happened. The government covered up the moldy basement

and forced me out of a job.

[Guest guest]

Actually Ginger,

This was taken care of over ten years ago with the passage of the Americans with

Disabilities Act [the ADA].

The act provides that any employee with a disability is to be accommodated by

his employer.

The act seems to loosely allow an employee's physician to declare the employee

with a disability and the employer once learning of the disability MUST

accommodate that disability.

For example:

1. A woman in her fifties developed breast cancer and had the operation and

later developed a heart condition... Her employer knew of her medical

conditions as she was covered by the employers group plan.. A new boss

scheduled the department to work an extensive overtime schedule and the woman

declined as the extra hours would be too stressful.. The boss put her on notice

for insubordination. The women's husband being an assistant superintendent of

schools in charge of personnel wrote a legal letter to the personnel department

for his wife. The husband recalled the wife's medical history and defined her

condition as a disability within the terms of the ADA. The husband went on to

refer the employer to specific sections of the ADA and asked for a confirmation

that the employer would accommodate the wife's disability. Within a week the

wife received a letter from her personnel department confirming she would be

accommodated with a normal work schedule..

2. A young man [age 38] was hired as a computer trainer to assist 250 employees

in the operation of their desk top computers.. He served the employees of three

buildings located at an industrial campus. The employee weighed 580 pounds and

was slow in walking to the different destinations so the employer begrudgingly

changed his job to working at a work bench fixing computers.. In three weeks

the employee developed a back problem and requested an orthopedic chair and

appropriate work stool to allow him comfort and a healthy posture. The company

balked and a letter was written reminding the employer the man was hired as a

disabled person with a weight condition as the disability.. The personnel

department immediately scheduled the supervisor to attend the next session

covering the requirements of the ADA.

3. An optometrist, aged 72, was employed by an HMO to be a key person at their

eye clinic... A new clinic manager wished to bring in a new staff and had the

employee transferred to another clinic 25 miles away. The employee had a heart

condition and a letter was written asking for an accommodation under the ADA as

the transfer would be unnecessarily stress for a heart patient. The clinic

manager laughed and denied the request and an appeal was made to the personnel

department. The clinic manager was called on the carpet and informed the

employee was to be allowed all accommodations necessary to stay at his present

location..

I'd say any employee suffering with an employment induced allergy is

automatically covered by the ADA.. The first problem is few in middle

management understand the ADA and few lawyers understand the ADA.. I'd say that

any lawyer working in the human resources [employee relations] field could

easily handle a complaint in this field. The problem here is the law is new

enough that most run of the mill lawyers know nothing of the law..

In my opinion the law is powerful and protects the employee in many ways...

Hope this helps..

Gibala

=====================================

----- Original Message -----

From: Gingersnap1964@...<mailto:Gingersnap1964@...>

<mailto: >

Sent: Sunday, October 17, 2004 11:15 AM

Subject: Re: [] SURVEY: What do we want health practitioners to

know?

In a message dated 10/17/2004 6:56:11 AM Pacific Standard Time,

pageang@...<mailto:pageang@...> writes:

>

> 6. That we need their help in dealing with our workplaces, so that they can

> be supportive in aquiring felxible accomodations and understanding from

> employers who may have not been exposed before to this sort of disability.

>

I wish this would have happened. The government covered up the moldy basement

and forced me out of a job.

[Guest guest]

They moved me to three MOLDY places and called it reasonable. Then they said

they wouldnt do anymore accomodation for me.

Janet

[Guest guest]

They moved me to three MOLDY places and called it reasonable. Then they said

they wouldnt do anymore accomodation for me.

Janet

[Guest guest]

ADA is not a blanket assurance of compliance.

There is a minimum number of employees that have to be employed in order

for the company to HAVe to comply. I know this first hand. I worked for

a small law office and tghey DID not have to comply under the ADA. BUt I

lucked out they needed me and the job afforded me at that time my own

private office that I could do what I wanted to in regards to making it

safe. I FORCEd the attorney that I worked for to stop wearing cologne and

made him use my hand cream. He allowed me to require the defendants that

I had to depose to be fragrance free or we sent them home etc.

Now, when I worked for a LARGE copr, HR got a letter fomr my dr and they

DID not require that the emplouyees be fragrance free...but I did get them

to tear down the air freshners in the bathrooms and replaced them with ARm

n HAmmer. I changed my days off to avoid interacting with the pesticide

guy and he had instructions not to come within 10 feet of my cubicle.

Like that did any good. I got them to buy me an air filter of my chosing

from a note form my doctor. It was semi helpful but it was like trying to

put a drop of colored wter in the ocean.

So they have to make REASONABLE and that is a very gray term

accommodations. Nothing is cut and dry when it comes to this disability.

Angel

On Sun, 17 Oct 2004, kengib . wrote:

> Date: Sun, 17 Oct 2004 16:40:36 -0400

> From: kengib . <jkg4902@...>

> Reply-

>

> Subject: Re: []^ SURVEY: What do we want health practitioners to

> know?

>

>

> Actually Ginger,

>

> This was taken care of over ten years ago with the passage of the

> Americans with Disabilities Act [the ADA].

>

> The act provides that any employee with a disability is to be

> accommodated by his employer.

>

> The act seems to loosely allow an employee's physician to declare the

> employee with a disability and the employer once learning of the

> disability MUST accommodate that disability.

>

> For example:

>

> 1. A woman in her fifties developed breast cancer and had the operation

> and later developed a heart condition... Her employer knew of her

> medical conditions as she was covered by the employers group plan.. A

> new boss scheduled the department to work an extensive overtime schedule

> and the woman declined as the extra hours would be too stressful.. The

> boss put her on notice for insubordination. The women's husband being an

> assistant superintendent of schools in charge of personnel wrote a legal

> letter to the personnel department for his wife. The husband recalled

> the wife's medical history and defined her condition as a disability

> within the terms of the ADA. The husband went on to refer the employer

> to specific sections of the ADA and asked for a confirmation that the

> employer would accommodate the wife's disability. Within a week the wife

> received a letter from her personnel department confirming she would be

> accommodated with a normal work schedule..

>

> 2. A young man [age 38] was hired as a computer trainer to assist 250

> employees in the operation of their desk top computers.. He served the

> employees of three buildings located at an industrial campus. The

> employee weighed 580 pounds and was slow in walking to the different

> destinations so the employer begrudgingly changed his job to working at a

> work bench fixing computers.. In three weeks the employee developed a

> back problem and requested an orthopedic chair and appropriate work stool

> to allow him comfort and a healthy posture. The company balked and a

> letter was written reminding the employer the man was hired as a disabled

> person with a weight condition as the disability.. The personnel

> department immediately scheduled the supervisor to attend the next

> session covering the requirements of the ADA.

>

> 3. An optometrist, aged 72, was employed by an HMO to be a key person at

> their eye clinic... A new clinic manager wished to bring in a new staff

> and had the employee transferred to another clinic 25 miles away. The

> employee had a heart condition and a letter was written asking for an

> accommodation under the ADA as the transfer would be unnecessarily stress

> for a heart patient. The clinic manager laughed and denied the request

> and an appeal was made to the personnel department. The clinic manager

> was called on the carpet and informed the employee was to be allowed all

> accommodations necessary to stay at his present location..

>

> I'd say any employee suffering with an employment induced allergy is

> automatically covered by the ADA.. The first problem is few in middle

> management understand the ADA and few lawyers understand the ADA.. I'd

> say that any lawyer working in the human resources [employee relations]

> field could easily handle a complaint in this field. The problem here is

> the law is new enough that most run of the mill lawyers know nothing of

> the law..

>

> In my opinion the law is powerful and protects the employee in many

> ways...

>

> Hope this helps..

>

> Gibala

>

> =====================================

> ----- Original Message -----

> From: Gingersnap1964@...<mailto:Gingersnap1964@...>

> <mailto: >

> Sent: Sunday, October 17, 2004 11:15 AM

> Subject: Re: [] SURVEY: What do we want health

> practitioners to know?

>

>

> In a message dated 10/17/2004 6:56:11 AM Pacific Standard Time,

> pageang@...<mailto:pageang@...> writes:

>

> >

> > 6. That we need their help in dealing with our workplaces, so that

> they can

> > be supportive in aquiring felxible accomodations and understanding

> from

> > employers who may have not been exposed before to this sort of

> disability.

> >

>

> I wish this would have happened. The government covered up the moldy

> basement

> and forced me out of a job.

>

>

>

[Guest guest]

ADA is not a blanket assurance of compliance.

There is a minimum number of employees that have to be employed in order

for the company to HAVe to comply. I know this first hand. I worked for

a small law office and tghey DID not have to comply under the ADA. BUt I

lucked out they needed me and the job afforded me at that time my own

private office that I could do what I wanted to in regards to making it

safe. I FORCEd the attorney that I worked for to stop wearing cologne and

made him use my hand cream. He allowed me to require the defendants that

I had to depose to be fragrance free or we sent them home etc.

Now, when I worked for a LARGE copr, HR got a letter fomr my dr and they

DID not require that the emplouyees be fragrance free...but I did get them

to tear down the air freshners in the bathrooms and replaced them with ARm

n HAmmer. I changed my days off to avoid interacting with the pesticide

guy and he had instructions not to come within 10 feet of my cubicle.

Like that did any good. I got them to buy me an air filter of my chosing

from a note form my doctor. It was semi helpful but it was like trying to

put a drop of colored wter in the ocean.

So they have to make REASONABLE and that is a very gray term

accommodations. Nothing is cut and dry when it comes to this disability.

Angel

On Sun, 17 Oct 2004, kengib . wrote:

> Date: Sun, 17 Oct 2004 16:40:36 -0400

> From: kengib . <jkg4902@...>

> Reply-

>

> Subject: Re: []^ SURVEY: What do we want health practitioners to

> know?

>

>

> Actually Ginger,

>

> This was taken care of over ten years ago with the passage of the

> Americans with Disabilities Act [the ADA].

>

> The act provides that any employee with a disability is to be

> accommodated by his employer.

>

> The act seems to loosely allow an employee's physician to declare the

> employee with a disability and the employer once learning of the

> disability MUST accommodate that disability.

>

> For example:

>

> 1. A woman in her fifties developed breast cancer and had the operation

> and later developed a heart condition... Her employer knew of her

> medical conditions as she was covered by the employers group plan.. A

> new boss scheduled the department to work an extensive overtime schedule

> and the woman declined as the extra hours would be too stressful.. The

> boss put her on notice for insubordination. The women's husband being an

> assistant superintendent of schools in charge of personnel wrote a legal

> letter to the personnel department for his wife. The husband recalled

> the wife's medical history and defined her condition as a disability

> within the terms of the ADA. The husband went on to refer the employer

> to specific sections of the ADA and asked for a confirmation that the

> employer would accommodate the wife's disability. Within a week the wife

> received a letter from her personnel department confirming she would be

> accommodated with a normal work schedule..

>

> 2. A young man [age 38] was hired as a computer trainer to assist 250

> employees in the operation of their desk top computers.. He served the

> employees of three buildings located at an industrial campus. The

> employee weighed 580 pounds and was slow in walking to the different

> destinations so the employer begrudgingly changed his job to working at a

> work bench fixing computers.. In three weeks the employee developed a

> back problem and requested an orthopedic chair and appropriate work stool

> to allow him comfort and a healthy posture. The company balked and a

> letter was written reminding the employer the man was hired as a disabled

> person with a weight condition as the disability.. The personnel

> department immediately scheduled the supervisor to attend the next

> session covering the requirements of the ADA.

>

> 3. An optometrist, aged 72, was employed by an HMO to be a key person at

> their eye clinic... A new clinic manager wished to bring in a new staff

> and had the employee transferred to another clinic 25 miles away. The

> employee had a heart condition and a letter was written asking for an

> accommodation under the ADA as the transfer would be unnecessarily stress

> for a heart patient. The clinic manager laughed and denied the request

> and an appeal was made to the personnel department. The clinic manager

> was called on the carpet and informed the employee was to be allowed all

> accommodations necessary to stay at his present location..

>

> I'd say any employee suffering with an employment induced allergy is

> automatically covered by the ADA.. The first problem is few in middle

> management understand the ADA and few lawyers understand the ADA.. I'd

> say that any lawyer working in the human resources [employee relations]

> field could easily handle a complaint in this field. The problem here is

> the law is new enough that most run of the mill lawyers know nothing of

> the law..

>

> In my opinion the law is powerful and protects the employee in many

> ways...

>

> Hope this helps..

>

> Gibala

>

> =====================================

> ----- Original Message -----

> From: Gingersnap1964@...<mailto:Gingersnap1964@...>

> <mailto: >

> Sent: Sunday, October 17, 2004 11:15 AM

> Subject: Re: [] SURVEY: What do we want health

> practitioners to know?

>

>

> In a message dated 10/17/2004 6:56:11 AM Pacific Standard Time,

> pageang@...<mailto:pageang@...> writes:

>

> >

> > 6. That we need their help in dealing with our workplaces, so that

> they can

> > be supportive in aquiring felxible accomodations and understanding

> from

> > employers who may have not been exposed before to this sort of

> disability.

> >

>

> I wish this would have happened. The government covered up the moldy

> basement

> and forced me out of a job.

>

>

>

[Guest guest]

Dear Angel,

Thank you for the reply... and the confirmation..

You made good points.

1. Yes not all employers have to comply... Small two, three, and five man

shops are exempt.. I don't know where the line is but that wasn't my point...

Your clarification is in order.

2. In your second example the air fresheners were removed for your convenience

from the bathrooms but you mention that employees were not required to be

fragrance free. Was that reasonable??

Your work station received an air filter of your choosing... What more

could have been provided at the time?? By the way what year did this all

happen?? There are much better air purification systems available today so

maybe today you'd have better results. By the way last night I had dinner with

a chap from agricultural Illinois whose wife wears the Wein device around her

neck during the hay fever season. She is now medicine free and no longer needs

her allergy shots..

3. Your employer changed your work schedule to accommodate the need to be off

the premises during the pesticide treatment... Doesn't that confirm the value

of the ADA? I'd guess the accommodation was immediately made primarily because

the employer already knew the possible repercussions had he not complied.

The law is IMO most accommodating and most severe on the employer who does not

comply.. The employers requirement is not to find a solution but to

accommodate... To me that means giving in to the reasonable requests of the

needy employee.

ken

==============

----- Original Message -----

From: Angel MCS<mailto:jap2bemc@...>

kengib .<mailto:jkg4902@...>

Cc: <mailto: >

Sent: Monday, October 18, 2004 4:26 AM

Subject: Re: []^ SURVEY: What do we want health practitioners to

know?

ADA is not a blanket assurance of compliance.

There is a minimum number of employees that have to be employed in order

for the company to HAVe to comply. I know this first hand. I worked for

a small law office and tghey DID not have to comply under the ADA. BUt I

lucked out they needed me and the job afforded me at that time my own

private office that I could do what I wanted to in regards to making it

safe. I FORCEd the attorney that I worked for to stop wearing cologne and

made him use my hand cream. He allowed me to require the defendants that

I had to depose to be fragrance free or we sent them home etc.

Now, when I worked for a LARGE copr, HR got a letter fomr my dr and they

DID not require that the emplouyees be fragrance free...but I did get them

to tear down the air freshners in the bathrooms and replaced them with ARm

n HAmmer. I changed my days off to avoid interacting with the pesticide

guy and he had instructions not to come within 10 feet of my cubicle.

Like that did any good. I got them to buy me an air filter of my chosing

from a note form my doctor. It was semi helpful but it was like trying to

put a drop of colored wter in the ocean.

So they have to make REASONABLE and that is a very gray term

accommodations. Nothing is cut and dry when it comes to this disability.

Angel

On Sun, 17 Oct 2004, kengib . wrote:

> Date: Sun, 17 Oct 2004 16:40:36 -0400

> From: kengib . <jkg4902@...>

> Reply-

>

> Subject: Re: []^ SURVEY: What do we want health practitioners

to

> know?

>

>

> Actually Ginger,

>

> This was taken care of over ten years ago with the passage of the

> Americans with Disabilities Act [the ADA].

>

> The act provides that any employee with a disability is to be

> accommodated by his employer.

>

> The act seems to loosely allow an employee's physician to declare the

> employee with a disability and the employer once learning of the

> disability MUST accommodate that disability.

>

> For example:

>

> 1. A woman in her fifties developed breast cancer and had the operation

> and later developed a heart condition... Her employer knew of her

> medical conditions as she was covered by the employers group plan.. A

> new boss scheduled the department to work an extensive overtime schedule

> and the woman declined as the extra hours would be too stressful.. The

> boss put her on notice for insubordination. The women's husband being an

> assistant superintendent of schools in charge of personnel wrote a legal

> letter to the personnel department for his wife. The husband recalled

> the wife's medical history and defined her condition as a disability

> within the terms of the ADA. The husband went on to refer the employer

> to specific sections of the ADA and asked for a confirmation that the

> employer would accommodate the wife's disability. Within a week the wife

> received a letter from her personnel department confirming she would be

> accommodated with a normal work schedule..

>

> 2. A young man [age 38] was hired as a computer trainer to assist 250

> employees in the operation of their desk top computers.. He served the

> employees of three buildings located at an industrial campus. The

> employee weighed 580 pounds and was slow in walking to the different

> destinations so the employer begrudgingly changed his job to working at a

> work bench fixing computers.. In three weeks the employee developed a

> back problem and requested an orthopedic chair and appropriate work stool

> to allow him comfort and a healthy posture. The company balked and a

> letter was written reminding the employer the man was hired as a disabled

> person with a weight condition as the disability.. The personnel

> department immediately scheduled the supervisor to attend the next

> session covering the requirements of the ADA.

>

> 3. An optometrist, aged 72, was employed by an HMO to be a key person at

> their eye clinic... A new clinic manager wished to bring in a new staff

> and had the employee transferred to another clinic 25 miles away. The

> employee had a heart condition and a letter was written asking for an

> accommodation under the ADA as the transfer would be unnecessarily stress

> for a heart patient. The clinic manager laughed and denied the request

> and an appeal was made to the personnel department. The clinic manager

> was called on the carpet and informed the employee was to be allowed all

> accommodations necessary to stay at his present location..

>

> I'd say any employee suffering with an employment induced allergy is

> automatically covered by the ADA.. The first problem is few in middle

> management understand the ADA and few lawyers understand the ADA.. I'd

> say that any lawyer working in the human resources [employee relations]

> field could easily handle a complaint in this field. The problem here is

> the law is new enough that most run of the mill lawyers know nothing of

> the law..

>

> In my opinion the law is powerful and protects the employee in many

> ways...

>

> Hope this helps..

>

> Gibala

>

> =====================================

> ----- Original Message -----

> From: Gingersnap1964@...<mailto:Gingersnap1964@...>

> <mailto: >

> Sent: Sunday, October 17, 2004 11:15 AM

> Subject: Re: [] SURVEY: What do we want health

> practitioners to know?

>

>

> In a message dated 10/17/2004 6:56:11 AM Pacific Standard Time,

> pageang@...<mailto:pageang@...> writes:

>

> >

> > 6. That we need their help in dealing with our workplaces, so that

> they can

> > be supportive in aquiring felxible accomodations and understanding

> from

> > employers who may have not been exposed before to this sort of

> disability.

> >

>

> I wish this would have happened. The government covered up the moldy

> basement

> and forced me out of a job.

[Guest guest]

Dear Angel,

Thank you for the reply... and the confirmation..

You made good points.

1. Yes not all employers have to comply... Small two, three, and five man

shops are exempt.. I don't know where the line is but that wasn't my point...

Your clarification is in order.

2. In your second example the air fresheners were removed for your convenience

from the bathrooms but you mention that employees were not required to be

fragrance free. Was that reasonable??

Your work station received an air filter of your choosing... What more

could have been provided at the time?? By the way what year did this all

happen?? There are much better air purification systems available today so

maybe today you'd have better results. By the way last night I had dinner with

a chap from agricultural Illinois whose wife wears the Wein device around her

neck during the hay fever season. She is now medicine free and no longer needs

her allergy shots..

3. Your employer changed your work schedule to accommodate the need to be off

the premises during the pesticide treatment... Doesn't that confirm the value

of the ADA? I'd guess the accommodation was immediately made primarily because

the employer already knew the possible repercussions had he not complied.

The law is IMO most accommodating and most severe on the employer who does not

comply.. The employers requirement is not to find a solution but to

accommodate... To me that means giving in to the reasonable requests of the

needy employee.

ken

==============

----- Original Message -----

From: Angel MCS<mailto:jap2bemc@...>

kengib .<mailto:jkg4902@...>

Cc: <mailto: >

Sent: Monday, October 18, 2004 4:26 AM

Subject: Re: []^ SURVEY: What do we want health practitioners to

know?

ADA is not a blanket assurance of compliance.

There is a minimum number of employees that have to be employed in order

for the company to HAVe to comply. I know this first hand. I worked for

a small law office and tghey DID not have to comply under the ADA. BUt I

lucked out they needed me and the job afforded me at that time my own

private office that I could do what I wanted to in regards to making it

safe. I FORCEd the attorney that I worked for to stop wearing cologne and

made him use my hand cream. He allowed me to require the defendants that

I had to depose to be fragrance free or we sent them home etc.

Now, when I worked for a LARGE copr, HR got a letter fomr my dr and they

DID not require that the emplouyees be fragrance free...but I did get them

to tear down the air freshners in the bathrooms and replaced them with ARm

n HAmmer. I changed my days off to avoid interacting with the pesticide

guy and he had instructions not to come within 10 feet of my cubicle.

Like that did any good. I got them to buy me an air filter of my chosing

from a note form my doctor. It was semi helpful but it was like trying to

put a drop of colored wter in the ocean.

So they have to make REASONABLE and that is a very gray term

accommodations. Nothing is cut and dry when it comes to this disability.

Angel

On Sun, 17 Oct 2004, kengib . wrote:

> Date: Sun, 17 Oct 2004 16:40:36 -0400

> From: kengib . <jkg4902@...>

> Reply-

>

> Subject: Re: []^ SURVEY: What do we want health practitioners

to

> know?

>

>

> Actually Ginger,

>

> This was taken care of over ten years ago with the passage of the

> Americans with Disabilities Act [the ADA].

>

> The act provides that any employee with a disability is to be

> accommodated by his employer.

>

> The act seems to loosely allow an employee's physician to declare the

> employee with a disability and the employer once learning of the

> disability MUST accommodate that disability.

>

> For example:

>

> 1. A woman in her fifties developed breast cancer and had the operation

> and later developed a heart condition... Her employer knew of her

> medical conditions as she was covered by the employers group plan.. A

> new boss scheduled the department to work an extensive overtime schedule

> and the woman declined as the extra hours would be too stressful.. The

> boss put her on notice for insubordination. The women's husband being an

> assistant superintendent of schools in charge of personnel wrote a legal

> letter to the personnel department for his wife. The husband recalled

> the wife's medical history and defined her condition as a disability

> within the terms of the ADA. The husband went on to refer the employer

> to specific sections of the ADA and asked for a confirmation that the

> employer would accommodate the wife's disability. Within a week the wife

> received a letter from her personnel department confirming she would be

> accommodated with a normal work schedule..

>

> 2. A young man [age 38] was hired as a computer trainer to assist 250

> employees in the operation of their desk top computers.. He served the

> employees of three buildings located at an industrial campus. The

> employee weighed 580 pounds and was slow in walking to the different

> destinations so the employer begrudgingly changed his job to working at a

> work bench fixing computers.. In three weeks the employee developed a

> back problem and requested an orthopedic chair and appropriate work stool

> to allow him comfort and a healthy posture. The company balked and a

> letter was written reminding the employer the man was hired as a disabled

> person with a weight condition as the disability.. The personnel

> department immediately scheduled the supervisor to attend the next

> session covering the requirements of the ADA.

>

> 3. An optometrist, aged 72, was employed by an HMO to be a key person at

> their eye clinic... A new clinic manager wished to bring in a new staff

> and had the employee transferred to another clinic 25 miles away. The

> employee had a heart condition and a letter was written asking for an

> accommodation under the ADA as the transfer would be unnecessarily stress

> for a heart patient. The clinic manager laughed and denied the request

> and an appeal was made to the personnel department. The clinic manager

> was called on the carpet and informed the employee was to be allowed all

> accommodations necessary to stay at his present location..

>

> I'd say any employee suffering with an employment induced allergy is

> automatically covered by the ADA.. The first problem is few in middle

> management understand the ADA and few lawyers understand the ADA.. I'd

> say that any lawyer working in the human resources [employee relations]

> field could easily handle a complaint in this field. The problem here is

> the law is new enough that most run of the mill lawyers know nothing of

> the law..

>

> In my opinion the law is powerful and protects the employee in many

> ways...

>

> Hope this helps..

>

> Gibala

>

> =====================================

> ----- Original Message -----

> From: Gingersnap1964@...<mailto:Gingersnap1964@...>

> <mailto: >

> Sent: Sunday, October 17, 2004 11:15 AM

> Subject: Re: [] SURVEY: What do we want health

> practitioners to know?

>

>

> In a message dated 10/17/2004 6:56:11 AM Pacific Standard Time,

> pageang@...<mailto:pageang@...> writes:

>

> >

> > 6. That we need their help in dealing with our workplaces, so that

> they can

> > be supportive in aquiring felxible accomodations and understanding

> from

> > employers who may have not been exposed before to this sort of

> disability.

> >

>

> I wish this would have happened. The government covered up the moldy

> basement

> and forced me out of a job.

[Guest guest]

In a message dated 10/18/2004 4:55:18 AM Pacific Daylight Time,

Gingersnap1964@... writes:

They moved me to three MOLDY places and called it reasonable. Then they said

they wouldnt do anymore accomodation for me.

can't you sue them for discrimination then?

[Guest guest]

In a message dated 10/18/2004 4:55:18 AM Pacific Daylight Time,

Gingersnap1964@... writes:

They moved me to three MOLDY places and called it reasonable. Then they said

they wouldnt do anymore accomodation for me.

can't you sue them for discrimination then?

[Guest guest]

On Mon, 18 Oct 2004, kengib . wrote:

> Date: Mon, 18 Oct 2004 06:38:57 -0400

> From: kengib . <jkg4902@...>

> Reply-

>

> Subject: Re: []^ SURVEY: What do we want health practitioners to

> know?

>

>

> Dear Angel,

>

> Thank you for the reply... and the confirmation..

>

> You made good points.

>

> 1. Yes not all employers have to comply... Small two, three, and five

> man shops are exempt.. I don't know where the line is but that wasn't my

> point... Your clarification is in order.

I think it's 15 or more employees...not sure, I don't work any more and if

I did I would not go into a large firm.

>

> 2. In your second example the air fresheners were removed for your

> convenience from the bathrooms but you mention that employees were not

> required to be fragrance free. Was that reasonable??

>

Under ADA it is **classifiied** as reasonable...go figure. Telling

people whaqt to wear is against the law, you can ask but not enforce. Air

fresheners are NOT a necessity nor do they infringe on a persons

8right* *eyes rolling " *

> Your work station received an air filter of your choosing... What

> more could have been provided at the time?? By the way what year did

> this all happen?? There are much better air purification systems

> available today so maybe today you'd have better results. By the way

> last night I had dinner with a chap from agricultural Illinois whose wife

> wears the Wein device around her neck during the hay fever season. She is

> now medicine free and no longer needs her allergy shots..

>

That Wein device emits OZONE so it's not safe...and I am not about to get

into a discussion on 03. i worked for a MAJOR corporation and they were

NOT going to redo the HVAC and after talking to their in house counsels

the air fioter was reasonable....it was around 1997. I do NOT use

anything but Care 2000, Aireox filters. No future discussion on filoters

I know what I find effective.

> 3. Your employer changed your work schedule to accommodate the need to

> be off the premises during the pesticide treatment... Doesn't that

> confirm the value of the ADA? I'd guess the accommodation was

> immediately made primarily because the employer already knew the possible

> repercussions had he not complied.

No, it confirms what their in house attorneys felt was a reasonable

accommodation, as they were NOT going to stop spraying.

No, they deid it when I got sick when the guy was in the office during

business hours and I was out of work for 3 weeks and they knew they had to

do something and fast.

>

> The law is IMO most accommodating and most severe on the employer who

> does not comply.. The employers requirement is not to find a solution

> but to accommodate... To me that means giving in to the reasonable

> requests of the needy employee.

COmply and REASONSALBE are horses of 2 different colors. THe MCS

accommodation is currentlu being addressed but nothing clearly has been

defined.

FYI, in NV if I don't get what I want there is hell raised....SSA felt

my wrath all the way from DC. I have in my opinnion wht I think is

reasonsable and make sure I get it. CUrrent area of attack I want signs

posted in over 10 casinos warning of armoatherapy in HVAC units. THey

have been given notice and we shall see.

Angel

>

> ken

>

> ==============

>

>

> ----- Original Message -----

> From: Angel MCS<mailto:jap2bemc@...>

> kengib .<mailto:jkg4902@...>

> Cc: <mailto: >

> Sent: Monday, October 18, 2004 4:26 AM

> Subject: Re: []^ SURVEY: What do we want health

> practitioners to know?

>

>

>

>

> ADA is not a blanket assurance of compliance.

>

> There is a minimum number of employees that have to be employed in

> order

> for the company to HAVe to comply. I know this first hand. I worked

> for

> a small law office and tghey DID not have to comply under the ADA. BUt

> I

> lucked out they needed me and the job afforded me at that time my own

> private office that I could do what I wanted to in regards to making it

> safe. I FORCEd the attorney that I worked for to stop wearing cologne

> and

> made him use my hand cream. He allowed me to require the defendants

> that

> I had to depose to be fragrance free or we sent them home etc.

>

> Now, when I worked for a LARGE copr, HR got a letter fomr my dr and

> they

> DID not require that the emplouyees be fragrance free...but I did get

> them

> to tear down the air freshners in the bathrooms and replaced them with

> ARm

> n HAmmer. I changed my days off to avoid interacting with the

> pesticide

> guy and he had instructions not to come within 10 feet of my cubicle.

> Like that did any good. I got them to buy me an air filter of my

> chosing

> from a note form my doctor. It was semi helpful but it was like trying

> to

> put a drop of colored wter in the ocean.

>

> So they have to make REASONABLE and that is a very gray term

> accommodations. Nothing is cut and dry when it comes to this

> disability.

>

> Angel

>

> On Sun, 17 Oct 2004, kengib . wrote:

>

> > Date: Sun, 17 Oct 2004 16:40:36 -0400

> > From: kengib . <jkg4902@...>

> > Reply-

> >

> > Subject: Re: []^ SURVEY: What do we want health

> practitioners to

> > know?

> >

> >

> > Actually Ginger,

> >

> > This was taken care of over ten years ago with the passage of the

> > Americans with Disabilities Act [the ADA].

> >

> > The act provides that any employee with a disability is to be

> > accommodated by his employer.

> >

> > The act seems to loosely allow an employee's physician to declare the

> > employee with a disability and the employer once learning of the

> > disability MUST accommodate that disability.

> >

> > For example:

> >

> > 1. A woman in her fifties developed breast cancer and had the

> operation

> > and later developed a heart condition... Her employer knew of her

> > medical conditions as she was covered by the employers group plan..

> A

> > new boss scheduled the department to work an extensive overtime

> schedule

> > and the woman declined as the extra hours would be too stressful..

> The

> > boss put her on notice for insubordination. The women's husband being

> an

> > assistant superintendent of schools in charge of personnel wrote a

> legal

> > letter to the personnel department for his wife. The husband

> recalled

> > the wife's medical history and defined her condition as a disability

> > within the terms of the ADA. The husband went on to refer the

> employer

> > to specific sections of the ADA and asked for a confirmation that the

> > employer would accommodate the wife's disability. Within a week the

> wife

> > received a letter from her personnel department confirming she would

> be

> > accommodated with a normal work schedule..

> >

> > 2. A young man [age 38] was hired as a computer trainer to assist

> 250

> > employees in the operation of their desk top computers.. He served

> the

> > employees of three buildings located at an industrial campus. The

> > employee weighed 580 pounds and was slow in walking to the different

> > destinations so the employer begrudgingly changed his job to working

> at a

> > work bench fixing computers.. In three weeks the employee developed

> a

> > back problem and requested an orthopedic chair and appropriate work

> stool

> > to allow him comfort and a healthy posture. The company balked and a

> > letter was written reminding the employer the man was hired as a

> disabled

> > person with a weight condition as the disability.. The personnel

> > department immediately scheduled the supervisor to attend the next

> > session covering the requirements of the ADA.

> >

> > 3. An optometrist, aged 72, was employed by an HMO to be a key person

> at

> > their eye clinic... A new clinic manager wished to bring in a new

> staff

> > and had the employee transferred to another clinic 25 miles away.

> The

> > employee had a heart condition and a letter was written asking for an

> > accommodation under the ADA as the transfer would be unnecessarily

> stress

> > for a heart patient. The clinic manager laughed and denied the

> request

> > and an appeal was made to the personnel department. The clinic

> manager

> > was called on the carpet and informed the employee was to be allowed

> all

> > accommodations necessary to stay at his present location..

> >

> > I'd say any employee suffering with an employment induced allergy is

> > automatically covered by the ADA.. The first problem is few in

> middle

> > management understand the ADA and few lawyers understand the ADA..

> I'd

> > say that any lawyer working in the human resources [employee

> relations]

> > field could easily handle a complaint in this field. The problem here

> is

> > the law is new enough that most run of the mill lawyers know nothing

> of

> > the law..

> >

> > In my opinion the law is powerful and protects the employee in many

> > ways...

> >

> > Hope this helps..

> >

> > Gibala

> >

> > =====================================

> > ----- Original Message -----

> > From: Gingersnap1964@...<mailto:Gingersnap1964@...>

> > To:

> <mailto: >

> > Sent: Sunday, October 17, 2004 11:15 AM

> > Subject: Re: [] SURVEY: What do we want health

> > practitioners to know?

> >

> >

> > In a message dated 10/17/2004 6:56:11 AM Pacific Standard Time,

> > pageang@...<mailto:pageang@...> writes:

> >

> > >

> > > 6. That we need their help in dealing with our workplaces, so

> that

> > they can

> > > be supportive in aquiring felxible accomodations and

> understanding

> > from

> > > employers who may have not been exposed before to this sort of

> > disability.

> > >

> >

> > I wish this would have happened. The government covered up the

> moldy

> > basement

> > and forced me out of a job.

>

>

[Guest guest]

On Mon, 18 Oct 2004, kengib . wrote:

> Date: Mon, 18 Oct 2004 06:38:57 -0400

> From: kengib . <jkg4902@...>

> Reply-

>

> Subject: Re: []^ SURVEY: What do we want health practitioners to

> know?

>

>

> Dear Angel,

>

> Thank you for the reply... and the confirmation..

>

> You made good points.

>

> 1. Yes not all employers have to comply... Small two, three, and five

> man shops are exempt.. I don't know where the line is but that wasn't my

> point... Your clarification is in order.

I think it's 15 or more employees...not sure, I don't work any more and if

I did I would not go into a large firm.

>

> 2. In your second example the air fresheners were removed for your

> convenience from the bathrooms but you mention that employees were not

> required to be fragrance free. Was that reasonable??

>

Under ADA it is **classifiied** as reasonable...go figure. Telling

people whaqt to wear is against the law, you can ask but not enforce. Air

fresheners are NOT a necessity nor do they infringe on a persons

8right* *eyes rolling " *

> Your work station received an air filter of your choosing... What

> more could have been provided at the time?? By the way what year did

> this all happen?? There are much better air purification systems

> available today so maybe today you'd have better results. By the way

> last night I had dinner with a chap from agricultural Illinois whose wife

> wears the Wein device around her neck during the hay fever season. She is

> now medicine free and no longer needs her allergy shots..

>

That Wein device emits OZONE so it's not safe...and I am not about to get

into a discussion on 03. i worked for a MAJOR corporation and they were

NOT going to redo the HVAC and after talking to their in house counsels

the air fioter was reasonable....it was around 1997. I do NOT use

anything but Care 2000, Aireox filters. No future discussion on filoters

I know what I find effective.

> 3. Your employer changed your work schedule to accommodate the need to

> be off the premises during the pesticide treatment... Doesn't that

> confirm the value of the ADA? I'd guess the accommodation was

> immediately made primarily because the employer already knew the possible

> repercussions had he not complied.

No, it confirms what their in house attorneys felt was a reasonable

accommodation, as they were NOT going to stop spraying.

No, they deid it when I got sick when the guy was in the office during

business hours and I was out of work for 3 weeks and they knew they had to

do something and fast.

>

> The law is IMO most accommodating and most severe on the employer who

> does not comply.. The employers requirement is not to find a solution

> but to accommodate... To me that means giving in to the reasonable

> requests of the needy employee.

COmply and REASONSALBE are horses of 2 different colors. THe MCS

accommodation is currentlu being addressed but nothing clearly has been

defined.

FYI, in NV if I don't get what I want there is hell raised....SSA felt

my wrath all the way from DC. I have in my opinnion wht I think is

reasonsable and make sure I get it. CUrrent area of attack I want signs

posted in over 10 casinos warning of armoatherapy in HVAC units. THey

have been given notice and we shall see.

Angel

>

> ken

>

> ==============

>

>

> ----- Original Message -----

> From: Angel MCS<mailto:jap2bemc@...>

> kengib .<mailto:jkg4902@...>

> Cc: <mailto: >

> Sent: Monday, October 18, 2004 4:26 AM

> Subject: Re: []^ SURVEY: What do we want health

> practitioners to know?

>

>

>

>

> ADA is not a blanket assurance of compliance.

>

> There is a minimum number of employees that have to be employed in

> order

> for the company to HAVe to comply. I know this first hand. I worked

> for

> a small law office and tghey DID not have to comply under the ADA. BUt

> I

> lucked out they needed me and the job afforded me at that time my own

> private office that I could do what I wanted to in regards to making it

> safe. I FORCEd the attorney that I worked for to stop wearing cologne

> and

> made him use my hand cream. He allowed me to require the defendants

> that

> I had to depose to be fragrance free or we sent them home etc.

>

> Now, when I worked for a LARGE copr, HR got a letter fomr my dr and

> they

> DID not require that the emplouyees be fragrance free...but I did get

> them

> to tear down the air freshners in the bathrooms and replaced them with

> ARm

> n HAmmer. I changed my days off to avoid interacting with the

> pesticide

> guy and he had instructions not to come within 10 feet of my cubicle.

> Like that did any good. I got them to buy me an air filter of my

> chosing

> from a note form my doctor. It was semi helpful but it was like trying

> to

> put a drop of colored wter in the ocean.

>

> So they have to make REASONABLE and that is a very gray term

> accommodations. Nothing is cut and dry when it comes to this

> disability.

>

> Angel

>

> On Sun, 17 Oct 2004, kengib . wrote:

>

> > Date: Sun, 17 Oct 2004 16:40:36 -0400

> > From: kengib . <jkg4902@...>

> > Reply-

> >

> > Subject: Re: []^ SURVEY: What do we want health

> practitioners to

> > know?

> >

> >

> > Actually Ginger,

> >

> > This was taken care of over ten years ago with the passage of the

> > Americans with Disabilities Act [the ADA].

> >

> > The act provides that any employee with a disability is to be

> > accommodated by his employer.

> >

> > The act seems to loosely allow an employee's physician to declare the

> > employee with a disability and the employer once learning of the

> > disability MUST accommodate that disability.

> >

> > For example:

> >

> > 1. A woman in her fifties developed breast cancer and had the

> operation

> > and later developed a heart condition... Her employer knew of her

> > medical conditions as she was covered by the employers group plan..

> A

> > new boss scheduled the department to work an extensive overtime

> schedule

> > and the woman declined as the extra hours would be too stressful..

> The

> > boss put her on notice for insubordination. The women's husband being

> an

> > assistant superintendent of schools in charge of personnel wrote a

> legal

> > letter to the personnel department for his wife. The husband

> recalled

> > the wife's medical history and defined her condition as a disability

> > within the terms of the ADA. The husband went on to refer the

> employer

> > to specific sections of the ADA and asked for a confirmation that the

> > employer would accommodate the wife's disability. Within a week the

> wife

> > received a letter from her personnel department confirming she would

> be

> > accommodated with a normal work schedule..

> >

> > 2. A young man [age 38] was hired as a computer trainer to assist

> 250

> > employees in the operation of their desk top computers.. He served

> the

> > employees of three buildings located at an industrial campus. The

> > employee weighed 580 pounds and was slow in walking to the different

> > destinations so the employer begrudgingly changed his job to working

> at a

> > work bench fixing computers.. In three weeks the employee developed

> a

> > back problem and requested an orthopedic chair and appropriate work

> stool

> > to allow him comfort and a healthy posture. The company balked and a

> > letter was written reminding the employer the man was hired as a

> disabled

> > person with a weight condition as the disability.. The personnel

> > department immediately scheduled the supervisor to attend the next

> > session covering the requirements of the ADA.

> >

> > 3. An optometrist, aged 72, was employed by an HMO to be a key person

> at

> > their eye clinic... A new clinic manager wished to bring in a new

> staff

> > and had the employee transferred to another clinic 25 miles away.

> The

> > employee had a heart condition and a letter was written asking for an

> > accommodation under the ADA as the transfer would be unnecessarily

> stress

> > for a heart patient. The clinic manager laughed and denied the

> request

> > and an appeal was made to the personnel department. The clinic

> manager

> > was called on the carpet and informed the employee was to be allowed

> all

> > accommodations necessary to stay at his present location..

> >

> > I'd say any employee suffering with an employment induced allergy is

> > automatically covered by the ADA.. The first problem is few in

> middle

> > management understand the ADA and few lawyers understand the ADA..

> I'd

> > say that any lawyer working in the human resources [employee

> relations]

> > field could easily handle a complaint in this field. The problem here

> is

> > the law is new enough that most run of the mill lawyers know nothing

> of

> > the law..

> >

> > In my opinion the law is powerful and protects the employee in many

> > ways...

> >

> > Hope this helps..

> >

> > Gibala

> >

> > =====================================

> > ----- Original Message -----

> > From: Gingersnap1964@...<mailto:Gingersnap1964@...>

> > To:

> <mailto: >

> > Sent: Sunday, October 17, 2004 11:15 AM

> > Subject: Re: [] SURVEY: What do we want health

> > practitioners to know?

> >

> >

> > In a message dated 10/17/2004 6:56:11 AM Pacific Standard Time,

> > pageang@...<mailto:pageang@...> writes:

> >

> > >

> > > 6. That we need their help in dealing with our workplaces, so

> that

> > they can

> > > be supportive in aquiring felxible accomodations and

> understanding

> > from

> > > employers who may have not been exposed before to this sort of

> > disability.

> > >

> >

> > I wish this would have happened. The government covered up the

> moldy

> > basement

> > and forced me out of a job.

>

>