Have To Be Perfect

[Notsowild]

I have been off work for four weeks due to a bogus a harassment charge my manager made against me. It heightened my anxiety and insomnia. Now they want me to do another accommodation with them. This form to me asks too many sensitive or irrelevant questions. Questions like:
1. Does --- 's current course of treatment include any component that may adversely affect----'s ability to reliably and safely perform her duties?

2. How does ----'s current medical condition condition or course of treatment impact her interactions and communication with individuals in the workplace and her reaction to day to day workplace issues?

What strategies is ---- using to ensure she reacts and responds to all communication and interactions in an appropriate manner?

WTF I'm far from perfect. So I have to be perfect in order to keep my job. Does anyone know what questions employers can ask on accomadation forms

 

[Tanishq]

This sounds real tough questions to answer. Sorry that you are given this, but I don't think this is helpful in the least. It is like they want you to be someone who you are not.

It is like they are getting too personal with you and very less about work.

 

[Recovery4Me]

Link Removed

The Canadian Bar Association may be a solid start. There appears to be a high degree of advocacy and accommodation articles within their search bar. Wishing you the best in exploring your rights.:hug:'s if you accept.

 

[Blue Survivor]

Wow. I think that form is a bunch of crap! How can an employer dare to ask such questions about your very personal medical issues? No wonder you are anxious and not sleeping, I can't imagine that your situation would have anyone feeling calm & relaxed, especially not a person with PTSD. Wow.

I'm not sure how similar Canada & USA are regarding medical privacy, but here we have HIPAA which safeguards a patient's privacy. If something was deemed a HIPAA violation here, it would be reported to the Office of Civil Rights. Do you have anything similar there? Perhaps an attorney would be helpful? To my knowledge (at least here in the US) it is no one's business what your medical history is, what medications you have or currently take, what surgeries you may have had, whether or not you have talked with a psychiatrist, etc. I'm sure there are reasons that a company CAN ask about these things - like a construction worker is injured and prescribed muscle relaxers - because that medication could affect the safety of him and his coworkers since they use heavy machinery. But to inquire about your private medial issues in relation to how you'd respond to an email or phone call? That's crap.

 

[scout86]

I wouldn't like the questions either. Who's supposed to answer them, BTW? You? Your doctor? Your T?

I also don't know the law on this, either in the States or in Canada.

Look at it from the employer's point of view for a minute, if you can. They have a situation where there's obviously a problem. They have to decide what the problem actually is as well as how to deal with it. They have to deal with it within the law and they have to come up with a solution that gets the work they need done done. More than likely they are getting conflicting stories about what's happening. They have to decide who to believe, keeping in mind the law. They probably have a LOT of other things they could and should be doing and their first choice might be that all this just magically go away. But it won't.

So, Question #1: Well, if you're taking medication that might cause you to fall asleep at work and crash a forklift, they'd probably want to know, right? I have no idea what your job is, but it seems to me reasonable that they know whether or not you're taking medication that might affect your job performance. It actually seems like they'd want to know this about anyone, but, in your case, they KNOW that there's a reason you MIGHT be taking medication, true? So, I can see this as a legitimate question, but I wonder what they plan to do with the information if the answer to the question is "Yes"

Question #2. Are you getting, or have you asked for, any kind of "disability" related accommodations at work? If you have, this question seems like it's designed to find out what accommodations you actually need. (Which is why it seems to me this stuff should be answered by someone like your T or your doctor.) Like maybe they want to make sure they're doing the best and most effective thing? Thinking that maybe adjusting the accommodations to better match your needs could help resolve the existing issues?

Question #3. I'm not so sure about this one. It would make more sense to me if they wanted to know whether or not you HAVE strategies for that than to ask what they are. Except, perhaps, they're wondering if you're using the strategies you're "supposed" to be using.

Do you have a union? If so, I'd suggest talking to your union rep. If not, I'd be sort of tempted to run this past someone who knows something about how disability law works in your province.

I don't see anything in what you've shared with us that suggests you have to be perfect to keep your job. It seems like they're asking for information. Have they given you the impression there are "right" and "wrong" answers to these questions? I don't think, for example, that they can fire you because you're taking medication. But they probably CAN make sure you aren't doing a job where the effects of the medication are a safety issue. And that seems kind of reasonable.

 

[moonbeam]

Um actually they can ask that. It does sound unfair. But I don't know what your job is so that really determines these type things.

But those all sound like questions that can be asked in a capability meeting. The whole point of the meeting is to determine if an employee is capable of continuing work. Asking questions like if your treatment will have adverse effects helps determine that. And from an HR perspective makes sense depending upon the role. If its a job involving driving or equipment or speaking/working with vulnerable people, etc. Than your treatment and any meds would be relevant. Knowing about a drowsiness side effect is important in some roles where the life's of others could be put at risk.

It can feel deeply personal to be asked these kinds of questions but HR is responsible for all of the employees. Whether or not your harassment claim was bogus they still have to investigate it. And they still have to evaluate if you are capable of doing your job (with reasonable adjustments if necessary) in such a way that it doesn't adversely affect the health or well being of your fellow employees.

Its a very hard line to walk. And a very personal issue. The last question sounds sort of okay in that it asks what strategies you have in place to help ensure you communicate appropriately. That doesn't say be perfect. It says do you have plans to help you? Think of it more as being asked have you developed any coping strategies to ensure that you can function well at work.

I can empathise with how you are feeling. It can feel like a lot of pressure is being put on you, and this is a very personal issue they are asking a lot of questions about. If it would help I would suggest having them checked over by a legal advocate near you to ensure they are all within the law.

And for the record I am not saying employers having access to this kind of information is right or fair in all circumstances. I'm just saying how I know the system to work.

 

[VioletButterfly]

Wow, bull shit (sorry). It sounds like a form for a psy/md to complete. I agree with other posters that you have legal aid/atty look over this and complete/submit if for you with the md/psy's help. Wow, really?!! While you're with legal aid, I'd ask if you could challenge the charges. Good grief! I hope all works out for you. VB

 

[Tanishq]

psy/md

Excuse me VioletButterfly, please can you give me full form of this? I am not good at many short form terms.

 

[VioletButterfly1]

So sorry (and also for the cursing!). Psy/md is shorthand for psychiatrist/psychologist or medical doctor. It just seems to me that a professional should be filling this form out for you. My goodness. Best of luck! VB

 

[Tanishq]

Thanks @VioletButterfly for explanation. (I hope your account didn't get locked, if it is contact the site admin, they will help you to get it back. I am saying this because you are posting as guest here)