Can I Be a Nurse if I Have Intermittent Conditions?

Can I Be a Nurse if I Have Intermittent Conditions?

Absolutely, you can be a nurse if you have a chronic, intermittent health condition.

If you have an episodic (intermittent) condition such as epilepsy, migraines, or fibromyalgia, you would be considered to have a disability if any of your major life activities are impaired when the condition is in its active state. When seeking ADA protection, remember that there must be a link between the disability or limitations and the task for which you need help.

Please explore our website for resources in regard to education, advocacy, and work. For assistance with the ADA, contact the Americans with Disabilities Act Technical Assistance Centers. Learning about the ADA Amendments Act of 2008 will help you to understand how the ADAAA broadens coverage for many individuals.

To request accommodations under the ADA, you will need to disclose your condition and provide documentation from your health care provider. Also, contact your local
contact your local Center for Independent Living for ideas about accommodations from people who have had similar issues.

If your chronic condition affects a major life activity such as seeing, hearing, walking, sleeping, etc., or a major bodily function such as those of the immune system, normal cell growth, or endocrine system, etc., you are covered under the ADA. Latex allergies also come under this portion of the ADA and its amendments.

 


Disclaimer: The National Organization of Nurses with Disabilities (NOND) does not offer legal advice but NOND does offer resources to help you understand your rights, protections, and responsibilities within various Disability Rights Laws.

A Strong Workforce is an Inclusive Workforce: What Can YOU Do?

A Strong Workforce is an Inclusive Workforce: What Can YOU Do?

Donna Martinez May 19, 2012

And apparently the US District Court in Oregon is in agreement!

From NDRN: Breaking News

Yesterday, the U.S. District Court in Oregon issued a 16-page Opinion and Order
in the case Lane v. Kiltzhaber, 3:12-cv-00138-ST. The Lane complaint claims that
failure to provide supported employment services violates Title II of the ADA
and the integration mandate. The Court granted the state defendants’ motion to
dismiss the complaint, but without prejudice and with leave to amend, while
directing the Plaintiffs how to correct the wording of the complaint. Most
importantly, the Court determined that the plaintiffs have valid cognizable
claims under Title II of the ADA and that the integration mandate applies to the
provision of employment-related services.

This case was filed by Disability Rights Oregon and co-counsels Center for
Public Representation, Perkins Coie LLP and Miller Nash LLP, on behalf of eight
individuals with intellectual or developmental disabilities who are able and
would prefer to work in an integrated employment setting, but instead are
segregated in sheltered workshops.

Recognizing that this is a case of first impression, the Court noted “no other
case has applied the integration mandate in a context other than one in which
the state’s action places plaintiffs at risk of institutionalization. However,
the dearth of authority does not led inexorably to the conclusion that the
integration mandate is inapplicable to plaintiffs’ claims. To the contrary, the
broad language and remedial purposes of the ADA, the corresponding lack of any
limiting language in either the ADA or the integration mandate itself, and the
lack of any case law restricting the reach of the integration mandate suggests
just the opposition conclusion.” (Opinion at 10-11).

In reaching this conclusion, the Court carefully scrutinized the defendants’ arguments for dismissal, and gave deference to the U.S. Department of Justice’s interpretation
of the integration mandate which prohibits the unnecessary provision of services
in non-integrated settings, including segregated sheltered workshops. (Opinion
at 7-9).

The Court distinguished claims for a “discriminatory denial of services” versus
claims for “providing inadequate services,” holding that “a claim survives only
if it truly alleges a ‘discriminatory denial of services’ and must be dismissed
if it instead concerns the ‘adequacy’ of the services provided.” (Opinion at
13-16).

Noting that the plaintiffs clarified at oral argument that they are
seeking the “provision of employment services that would allow them the
opportunity to work in an integrated setting,” and seek to have defendants
“reallocate their available resources in a way that does not unjustifiably favor
segregated employment,” the court determined that some of the allegations in the
complaint “go beyond the clarification offered” at the hearing” and identified
specific claims subject to amendment. (Opinion at 14-15).

Plaintiffs have been
given leave to amend their complaint by May 29, “to clarify that the defendants
are violating Title II of the ADA and the Rehabilitation Act by denying
employment services to plaintiffs for which they are eligible with the result of
unnecessarily segregating them in sheltered workshops.” (Opinion at 16).

A Strong Workforce is an Inclusive Workforce: What Can YOU Do?

A Strong Workforce is an Inclusive Workforce: What Can YOU Do?

Donna Martinez May 19, 2012

And apparently the US District Court in Oregon is in agreement!

From NDRN: Breaking News

Yesterday, the U.S. District Court in Oregon issued a 16-page Opinion and Order
in the case Lane v. Kiltzhaber, 3:12-cv-00138-ST. The Lane complaint claims that
failure to provide supported employment services violates Title II of the ADA
and the integration mandate. The Court granted the state defendants’ motion to
dismiss the complaint, but without prejudice and with leave to amend, while
directing the Plaintiffs how to correct the wording of the complaint. Most
importantly, the Court determined that the plaintiffs have valid cognizable
claims under Title II of the ADA and that the integration mandate applies to the
provision of employment-related services.

WISER's New Report Highlights Effective Financial Education Project For Nurses

In honor of National Nurses Week, WISER is pleased to release the final report from our Nurses’ Investor Education Project, a multi-year financial education initiative aiming to improve nurses’ financial security using educational tools, resources and peer-to-peer training and workshops. Read the report and press release.

A new report from the Women’s Institute for a Secure Retirement (WISER) and the American Nurses Association (ANA) highlights the effectiveness of a turn-key, peer-to-peer financial education program that is helping nurses across the country take action towards a secure financial future.

Do Workers with Disabilities Cost More?

Do Workers with Disabilities Cost More?

Employers in the U.S. hospitality industry are often reluctant to hire people with disabilities because of preconceived notions that they cannot do the jobs and are more costly to employ than people without disabilities, according to University of New Hampshire researchers.

ODEP and National Organization of Nurses with Disabilities (NOND) Alliance

ODEP and National Organization of Nurses with Disabilities (NOND) Alliance

ODEP and NOND recognize the value of establishing a collaborative relationship to promote the employment of people with disabilities in the healthcare industry. ODEP and NOND hereby form an Alliance to conduct outreach, education and technical assistance activities that promote the recruitment, hiring, retention and advancement of individuals with disabilities, including veterans with disabilities, in the healthcare sector.

Beth Marks, NOND President, and ODEP Assistant Secretary Kathy Martinez, sign the Alliance agreement.

Beth_Marks-and-Kathy_Martinez

U.S. Labor Department’s Office of Disability Employment Policy Signs Alliance Agreement with National Organization of Nurses with Disabilities

News Release
ODEP News Release: [05/07/2012]
Contact Name: Bennett Gamble
Phone Number: (202) 693-4661
Release Number: 12-0889-NAT

Agreement supports increased hiring of individuals with disabilities in health care industry

WASHINGTON — Assistant Secretary of Labor for Disability Employment Policy Kathleen Martinez and National Organization of Nurses with Disabilities President Beth Marks have signed an alliance agreement during National Nurses Week to promote the employment of individuals with disabilities in the health care industry.

Working as a Nurse With a Disability

Working as a Nurse With a Disability
by Elisabeth Greenbaum Kasson

What are your options if you aspire to be a nurse and are disabled? What would you do if you were already working as a nurse and became disabled? Whether you are living with obvious disabilities such as limb differences or paralysis, or less visible ones such as a chronic illness, sensory impairment or post-traumatic stress disorder, there are few reasons that would prevent you from successfully completing a nursing program, or continuing your career. The field is diverse and there is a place for nearly everyone.
Nurse-With-Disability

Accommodating the Communication Needs of Deaf-Blind Employees

Accommodating the Communication Needs of Deaf-Blind Employees

by Teresa Goddard and Elisabeth Simpson, Job Accommodation Network, Volume 10, Issue 2, Second Quarter, 2012

When you think of an individual who is deaf-blind (also known as deaf-blindness, blind-deaf, dual sensory impaired, or combined vision and hearing loss), do you think of someone who is fully deaf and fully blind? Helen Keller might be an important historical figure that comes to mind. In reality, while there are individuals who are fully deaf and fully blind, many people who are deaf-blind have some usable vision and hearing. For example, some individuals may have grown up with some degree of vision loss and experienced a change in their hearing later in life, or vice versa. Other individuals may have been born with mild to moderate deficits in both vision and hearing. Others may have experienced trauma or illness at some point in their lives that resulted in both vision and hearing loss while older adults are likely to experience age-related vision and hearing impairments.

Workplace accommodation needs for deaf-blind employees will depend on the setting in which individuals will be working, their specific job tasks, and their unique hearing and vision needs. Typical concerns may include: equal access to information presented in meetings and trainings, effective workplace communication, access to printed materials, computer access, and emergency preparedness. For instance, the following accommodation scenarios involving workers who are deaf-blind show how reasonable accommodations can support effective communication in the workplace and allow equal access to employment opportunities.

  • Providing Equal Access to an Interview: A federal employer provided an interpreter who specialized in interpreting for individuals who are deaf-blind to accommodate a candidate who needed an interpreter to participate in a job interview.
  • Accommodating a Presenter who is Deaf-Blind: A research scientist had profound deafness and low vision. He needed to present research findings at a meeting. The employee created slides using a large font size and a high contrast theme. The employer provided an interpreter who used techniques for interpreting for Deaf-Blind individuals including standing within four feet of the individual to communicate questions and comments from the audience. A second interpreter voiced the employee’s signs for the hearing attendees.
  • Communicating with Coworkers: A student employee at a federal agency needed to interact with her team to plan and implement projects, but face-to-face communication was difficult for her and she had difficulty hearing on the telephone. Her most reliable method of communication was instant messaging (IM). The employer set up a secure IM client so that all team members could discuss projects via chat. The intern successfully exchanged ideas about team projects with team members who also found the chat logs useful.
  • Communicating with Clients: A consultant usually used email and IM to interact with clients remotely, but used a Deaf-Blind Communicator (DBC), a device which allows a Braille user to exchange messages with a sighted communication partner, to facilitate communication during face to face meetings when an appropriate interpreter was not available. He also used the device to interact with staff at restaurants when entertaining clients at lunch meetings.
  • Communicating with Public: An employee at a doctor’s office needed to ask intake questions at a check in counter. The employee had progressive hearing loss and was a Braille user. A JAN consultant suggested exploring use of devices that would allow the employee to type her responses on a keyboard or Braille keyboard and receive replies via Braille. Some examples of such products include the DBC, an Interpretype with a Braille display, or other interactive communication system.

Job seekers and employees who are deaf-blind are likely to be very knowledgeable about their accommodation needs, especially equipment and techniques that have served them well in other settings. Employers should be prepared to work with the individual, and likewise, individuals should be open to discussing their own ideas as well as effective alternatives. Remember that accommodations may be needed to allow effective communication during this process. Many helpful resources are available to assist in determining effective accommodation including: medical providers, vocational rehabilitation and other state agencies, assistive technology projects, and of course JAN.

For more JAN resources, visit JAN’s A to Z for:

You can also contact a JAN consultant to discuss accommodation ideas and get targeted suggestions. Additional resources include:

– Teresa Goddard, MS, Senior Consultant, Motor / Sensory Team

– Elisabeth Simpson, MS, Senior Consultant, Motor / Sensory Team