Ulcerative Colitis & the Law: Employment, Fact and Fallacy

The law is difficult for me to understand. There are so many ins and outs and the apparent goals of a case are not always what I think they should be. This is a subject that I would say one should not be presumptuous about.

There are basically three areas where the ulcerative colitis sufferer finds themselves involved with the law.

The first area is in the area of employment. Next, one may find that they have gotten poor medical treatment and they want to sue for one reason or another. Finally, the area of prejudicial treatment at work can put an ulcerative colitis sufferer at risk and also in contact with the law and its presentation.

We have established that when you are applying for a job, they are not allowed to ask you a lot of personal questions. I suppose I should clarify that. Obviously if someone is blind, they cannot be an airline pilot. However, on the stand, one's business is one's business and the company needs to follow the law.

Also, companies are not supposed to fire people if they miss an inordinate amount of work due to illness or medical treatment.

Finally, ulcerative colitis is such a prevalent condition that there are standard procedures that sometimes block the doctor's vision with respect to treatment "outside the envelope". This may result in a malpractice suit.

Now, the law protects you and me as ulcerative colitis sufferers, that is a fact. It gives us protection with respect to employment and medical treatment. So the law is at our immediate disposal, right? No, it is not always available, or, should I say we may not always have time to employ the law.

As I was made aware of at Shire Pharmaceutical's seminar "On the Road Again", having the law on your side is no slam dunk with respect to fairness.

Companies may not be able to fire you, but they can change your function within the company. If you can't do your job, as they view it, then they have the right, as your employer, to give you something else to do. Often what they give you to do is not something you have an easy time living with.

The same thing applies for being hired. Companies do screen for drug use and they may find medication traces which will bring up questions. If they demand a statement from your doctor, even though they shouldn't be able to do that, what are your options? Do you need the job? If you do need the job "now", then you're more likely to do what they ask than make an issue of it.

What about suing someone for malpractice or corporate mistreatment? Attorney's have guidelines they follow when accepting a case. They can't take every one because it takes a lot of money to initially process a suit and they can only do so many at a time. They have to be pretty sure they are going to win or settle the case.

So what does all of this mean to us, the ulcerative colitis sufferer? It means we are caught between a sea of fact and fallacy. Fact: We do have laws in place that give us protection. Fallacy: we can always count on those rights to get us what we need.

Attorney's sometimes offer a monthly fee contract to be your lawyer when needed. The value of this is that while they may not always be able to go to court for you, they can act as an advisor. Read books about employment tactics and laws and, of course, there is the internet.

It is important to know that you have options. It is equally important to know that because you have ulcerative colitis, you are at risk to have your rights impaired.

References:

"On the Road Again" Shire Pharmaceutical April 14, 2008 Chicago, Illinois
halunenlaw.com