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CFS discrimination suit successful

Saturday 22 August 2009

GavelAdrienne Dellwo reports on a US court case that ended successfully for a woman who was discriminated against for her CFS:

Good news for those of us with fibromyalgia (FMS) and chronic fatigue syndrome (CFS or ME/CFS) -- a court has ruled that you're protected from discrimination based on the relapse of a medical condition.

In the case, a woman had been fired for allegedly falsifying her job-required medical evaluation when her ME/CFS relapsed after a 17-year remission. The court ruled against the company, saying:

• The questions didn't specifically include ME/CFS as a condition,

• and after 17 symptom-free years, a reasonable person wouldn't likely understand that ME/CFS might be included in the category of "blood conditions."

I'll add something the court didn't point out -- NO ONE with ME/CFS should legally be required to check the box next to "blood conditions," because currently it's not classified that way by U.S. health agencies (even though it may well be one.)

You're also covered by the Americans With Disabilities Act (ADA) even when your condition is in remission, thanks to an amendment this year that clarified the act: What the ADA Means for You.

If you're looking for a job, it might help you to know which companies are especially good for people with disabilities. Here's a list I found: DiversityInc Top 10 Companies for People With Disabilities

Have you been discriminated against at work because of your disability? What was the outcome? Has your employer made accommodations that have allowed you to keep working? Leave your comments below!

Learn more or join the conversation!

The article originally appeared here.



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