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Subject:
From:
Deb McManman <[log in to unmask]>
Reply To:
Deb McManman <[log in to unmask]>
Date:
Tue, 20 Jul 2004 17:59:15 -0500
Content-Type:
text/plain
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<<Disclaimer: Verify this information before applying it to your situation.>>

Hello:

There has been much recent talk about celiac disease possibly being a
legal disability. This has been in response to a letter from a person who
was required to take company meals and eat food that would make her sick.
She had been under much pressure from her employer to eat these meals even
though she said that she couldn't. This lady also had a co-worker with
celiac who would eat the meals and suffer the consequences rather than
upset the boss.

Many posters have debated the matter; most saying that celiac disease
should not be classified as a disability. I have a couple of thoughts on
that. I did some research and found an official handbook that lists
acceptable disabilities. The digestive problems start on page 38. You can
go to:

http://www.ssa.gov/disability/professionals/bluebook/adultlistings.pdf

to read the specifics of legal disabilities. I skimmed through and it
doesn't appear that celiac disease would qualify. You basically have to be
unable to work to meet the criteria. If a celiac had complications, they
might be able to meet the qualifications of a legal disability.

My suggestion, based on personal experience, would be to talk to someone
at the state level. I have back problems that have necessitated me
changing my line of work. Since I cannot lift things of the weight I could
before a car accident, I have limitations that have caused me to be fired
from a few jobs. Since I can work, though, I have what is called
a "barrier to employment" which has qualified me, through the State of
Oregon Department of Vocational Rehabilitation, for certain assistance in
getting and maintaining employment. They have helped me a lot, most
especially with a special chair that has lumbar support.

Perhaps this woman who is having trouble at her job might be able to find
someone at the state level who would help her obtain other employment, or
help her set up some guidelines for this employer so that they legally
have to comply with an employee's "barrier to employment" or other
limitation.

There are many people out there who have these "barriers to employment"
that would not be considered full-blown disabilities, yet they would
hinder an employee from performing certain tasks in the same way that a
healthy person would.

* Please carefully compose your subject lines in all posts *

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