The National R-CIS Foundation's goals for fairness for people with
R-CIS in the workplace are:
- No one with R-CIS is denied a job for which he or she is
qualified because of R-CIS. Rather than blanket bans in
employment, each person with R-CIS should be assessed individually
with regard to how R-CIS affects him or her.
- Each person with R-CIS is afforded the reasonable accommodations
necessary to protect him or her on the job.
The information provided by this web site can be used as a tool for
people with R-CIS to work with their employers to address potential
problems and misunderstandings ahead of time and, if necessary, for
people with R-CIS to initiate appropriate actions to assert their
rights in the workplace.
Your Rights & Responsibilities
Anti-discrimination laws prohibit an employer from taking any
adverse employment action because of a person's R-CIS. This means that
an employer cannot discriminate in hiring, firing, discipline, pay,
promotion, job training, fringe benefits, or in any other term or
condition of employment. Employers are also prohibited from
retaliating against an employee for asserting his or her rights.
Individuals are usually required to tell employers that they have
R-CIS, but the anti-discrimination laws only provide protection from
discrimination if the employer knows about the worker's R-CIS.
Accommodations
Employers are required to make "reasonable
accommodation" if requested by an employee with R-CIS, unless
the accommodation would cause an "undue hardship" on the
employer because of significant difficulty or expense. The
accommodations that people with R-CIS need are usually easy and
inexpensive.
Addressing Discrimination
Gather Important Information
A good first step is to gather information about
anti-discrimination laws as they apply to you. Contact the National
R-CIS Foundation, enlist assistance from your union, or consult an
attorney. Keep all documents that relate to your claim, such as
letters from your employer. Obtain copies of applicable general
documents, such as personnel policies. Keep a log and write down
everything that happens to you including names and dates.
Educate
Discrimination based on R-CIS is often the result of ignorance.
Because R-CIS is usually not a "visible" disability,
many employers do not understand its nature and treatment.
Problems can sometimes be resolved through education about the
syndrome and about your special needs and your abilities. Your
employer may not be familiar with the provisions of
anti-discrimination laws and should be provided with this
information as well.
Litigate
Sometimes it takes legal action to end discrimination. Usually,
you are required to begin by filing a charge of discrimination
with the appropriate government agency. If the employer is a
private company or state or local government, file a charge with
either the Equal Employment Opportunity Commission (EEOC) or with
your state anti-discrimination agency. (You can file with either
the federal or state agency and your complaint is considered to be
filed with both.) If the employer is the federal government,
contact the internal Equal Employment Opportunity office of the
agency where the discrimination occurred. You must act promptly
because the time limits for taking action are often very short. If
the agency does not resolve the problem to your satisfaction, you
can file a lawsuit in federal or state court claiming
discrimination on the basis of disability.
For more information, see Laws Preventing
Discrimination FAQ.
Legislate
If you find that the current laws and policies aren't providing
you - and other workers with R-CIS - with the protection
they need, your next step might be working to change the rules at
either a local, statewide, or national level.
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