Presented by: John E. Murray Lindner & Marsack, S.C. 411 East Wisconsin Ave., Suite 1800 Milwaukee, WI Rehabilitation and Transition Conference Making Lemonade: Disabilities as Assets 1

My Story I have been an employment lawyer, representing employers/management for 24 years. I have Helped employers determine what they can and cannot ask about the medical conditions of applicants and employees; Helped employers comply with their obligation to accommodate; Counseled employers in discipline and discharge decisions for disabled employees; and Represented employers in employment discrimination suits. 2

My Story I am disabled. MS for 21 years. I have Agonized over what I should tell employers. Worried about my career and daily living. Worked with law firms who did not think MS was compatible with the practice of law. Struggled with the symptoms of my disease. 3

What Does the Law Require/Permit The application process: You do not have to voluntarily disclose a disability. Employers cannot ask you if you have a disability. 4

What Does the Law Require/Permit The application process: Employers can: Ask someone with an obvious and relevant disability to demonstrate how they would do the job. Ask you if you have any medical condition which could impact your ability to do the job or require accommodation. Require pre-employment medical exam to assess an applicant’s ability to do the job. 5

Turning Your Disability Into an Asset The application process: I believe every weakness is a strength, and vice versa. What are the attributes employers want to see in applicants? Confident Positive Hard worker Good attitude Problem solver 6

Making Your Disability an Asset How do I disclose? Ease tension in the interview. Invite open discussion. Do not project hypersensitivity. 7

What Does the Law Require/Permit? During Employment: Employers cannot: Ask you if you have a disability. Require medical exams which are not job related (safety risks are job related). Disclose your medical condition to anyone else. 8

What Does the Law Require/Permit? During Employment: Employers can: Ask employees to disclose medications which may have an impact on their job. Ask employees to submit to job-related medical exams. Give employees financial incentives to participate in wellness programs and to submit to a health risk assessment. 9

Turning Your Disability Into an Asset During employment: Disclose your conditions/symptoms: Employees have no obligation to disclose medical conditions which are not job related. Consider disclosing potentially job-related conditions before they effect your job. 10

Turning Your Disability Into an Asset The accommodation process: Employers must accommodate employees unless the accommodation presents an undue hardship. Open communication is the key to the accommodation process. Involve your doctor in the conversation Come to the employer with solutions. Recognize that the employer has the right to choose among possible accommodations. Prove yourself with whatever accommodation you are given. 11

Turning Your Disability Into an Asset The accommodation process: Employers can disclose information concerning your condition and accommodations only on a need to know basis. What should you voluntarily disclose and why? Avoid resentment/favoritism. May promote teamwork among coworkers. Again, be creative. 12

Turning Your Disability Into an Asset Other reasons to disclose a hidden disability. Safety risks Substance abuse testing OFCCP guidelines 13