| How
and when to disclose an illness | | |
| "There's no one good way
to do it," says John Scalia, a labor and employment litigator at Greenberg
Traurig, the nation's eighth-largest law firm, based in the Washington, D.C. area.
"If you have a good relationship with your supervisor, it may be good to
have a dialogue with him. HR might be more sympathetic and aware of privacy issues."
Keep in mind that it is very important to keep the
lines of communication open after you "go public." Notify your company
of any changes in your condition -- for the better or for the worse. Scalia, who
normally represents companies in employment litigation, says that most problems
with an employee and employer over medical leave or accommodations for a disability
arise because of a communication breakdown. "Communication
is the best tool for the employer and employee," Scalia says. "Communicating
honestly and regularly is the best way to get things resolved." In
fact, it's not only important, but it is required by law. "There's an obligation
by the employer and the employee under the law to communicate with one another,"
Scalia says. "It's called the interactive process." Scalia
says his viewpoint may be biased since he primarily represents employers, but
most of the time when companies have balked at accommodating a client's disability,
it's not because they want to violate the law but because they are ignorant of
the law or the medical condition. When
discrimination strikes
According to Bond, sometimes, for whatever reason
-- ignorance, anger, fear or frustration -- employers seek retaliation against
an ill employee. It can be subtle or blatant. "Sometimes
the employer will make it tough on the person," Bond says. "Maybe the
job description has always said you are required to travel 20 percent of the time,
but you rarely did this much traveling. You disclose your illness and all of a
sudden, your boss is requiring you to travel 20 percent of the time." The
best way to prevent such problems is to document everything in writing and be
prepared to submit and resubmit written statements to your employer, to your insurer
and so on. In other words, be prepared to defend your rights under the ADA or
the FMLA. If you don't have the energy to do so, enlist the aid of your family,
friends, union or trade association. If you cannot get things
settled on an informal basis, and believe you have a legal case, hiring a lawyer
may be your next move. You'll probably first need to consult with the Department
of Labor and its Equal Employment Opportunity Commission and follow its filing
procedures. If that doesn't bring relief, then you'll generally go to the state
statutes for redress. And if that fails, filing a civil suit would be the next
course of action, says Scalia. Of course that's the worst-case
scenario. Serious illness is difficult enough without having to deal with discrimination.
But knowing your rights can help you plan how and when to disclose
your condition, and in a manner that will get you the most help possible. | 
