Presented by:John E. Murray

Lindner & Marsack, S.C.411 East Wisconsin Ave., Suite 1800

Milwaukee, WI 53202414-226-4818

jmurray@lindner-marsack.com

2015 Rehabilitation and Transition Conference

Making Lemonade: Disabilities as Assets

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My StoryI 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.

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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.

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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

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Making Your Disability an Asset

How do I disclose?• Ease tension in the interview.• Invite open discussion.• Do not project hypersensitivity.

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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.

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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.

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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.

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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.

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Turning Your Disability Into an Asset

Other reasons to disclose a hidden disability.• Safety risks• Substance abuse testing• OFCCP guidelines

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