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Chronic Pain:Coping With Chronic Pain

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FREQUENTLY ASKED QUESTIONS

Expert Jennifer Jaff Explains How to Manage Chronic Pain in the Workplace


 
jennifer-jaff
Knowing your rights and options is critical for a chronic pain patient.
(JENNIFER JAFF)
Jennifer Jaff, Esq., is an insurance and disabilities attorney and is the founder and executive director of Advocacy for Patients with Chronic Illness.

Q: Should I mention my chronic pain condition in a job interview?

A: 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."


Q: Should I tell my boss once I'm working?

A: 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.

Q: How does the Americans with Disabilities Act (ADA) apply to people with chronic pain?

A: The ADA 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.




 
Lead Writer: Jennifer Jaff, Esq.
Last Updated: May 08, 2008



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