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Disclosure of disability

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#1 fearful


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Posted 17 November 2012 - 08:24 AM

I am a critical care nurse and I have been employed in the same ICU unit for the last 21 years. During that time I have lost a considerable amount of hearing. I am now totally deaf in 1 ear and have about 50% loss in the other. I wear a hearing aide but there are still some limitations with the localization of sound, phone use and communication with other staff members when the environment is noisy. My co-workers are aware of this and understanding and when new people are hired I do have to tell them on a one to one basis that they need to speak directly to me and that I will not be able to hear them from a distance. I have in the past had to deal with some discrimination when my deficit was an inconvenience to a new co-worker so I fear this discrimination and ridicule in a new environment. I function without any difficulty in my unit because my familiarity with the sounds of my unit's monitors and equipment help me locate and identify the sources and I know which phone has the loudest volume control. I function independently and safely. I am now told that I will randomly have to take turns floating to a different hospital, with entirely different staff and equipment, when they need some help if someone is on vacation or sick or they are short handed. We were invited to an "Open House" to look around and familiarize ourselves with the unit. No formal orientation or introductions.

My question is what rights do I have to protect myself from having to disclose my disability to absolute strangers time and time again. This issue is very embarrassing and emotional to me. It is impossible not to be self-conscious about this defect, I am broken, and the fear of becoming completely deaf is very real and overwhelming. In addition to my feelings is the fact that I am concerned about my ability to function safely in this unfamiliar environment. Not being able to hear or localize sounds will make me the weakest team member and may jeopardize my ability to provide safe patient care independently.

Do I have to tattoo my disability to my forehead and strap myself to the flag pole at this other facility so that everyone that comes in contact with me knows I am disabled? Are there laws that protect me from this humiliation? Can they fire me for not wanting to put myself in that position?

#2 adjusterjack


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Posted 17 November 2012 - 03:36 PM

Unfortunately, there is no simple answer to that question.

So I suggest you do some thorough research on the US DOL's website about the Americans with Disabilities Act:


If that doesn't answer your questions I suggest you consult an employment attorney who specializes in ADA so you can educate yourself and be prepared for the eventuality where your job becomes an issue.

By the way, have you had an MRI? Single side deafness is often caused by an Acoustic Neuroma.

Warning: Legal issues are complicated. Explanations and comments here are simplified and might not fully explain the ramifications of your particular issue. I am not a lawyer. I do not give legal advice. I make comments based on my knowledge and experience. I guarantee nothing. If you act on my comments without the advice of an attorney, you do so at your own risk.

#3 NewYorkEmploymentAttorney



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Posted 19 November 2012 - 05:12 AM

Unfortunately, to receive an accomodation in New York State you do have to inform the employer of the disability. It may not be unreasonable to engage in a "reasonable accomodation dialogue" with your employer however and perhaps seek ways to avoid the "floating" work. I wish you the best of luck.

Posted ImageThis answer does not constitute legal advice and you should contact an attorney to confirm or research further any statements made in this answer. Any statements of fact or law I have made in this answer pertain solely to matters in New York State and should not be relied upon in any way in any other jurisdiction. Additionally, we also encourage you to reach out to us at our website: www.QueensEmploymentAttorney.com or via Twitter (https://twitter.com/#!/EmployAttorney) or Facebook (http://www.facebook....RicottaandMarks) if you have follow up questions as we do not monitor questions after providing an initial answer.

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