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Employment
The course of Multiple Sclerosis (MS) can play havoc with continuity of employment for many people. There are many questions and dilemmas that people face in regard to employment and workplace change.
Regardless of individual circumstances it is important to be informed about work-related issues and options, even in the very earliest days of the illness, as generally employers and others can base decisions on poor information. As in many areas of life with MS, it falls to those who live with the condition to be an educator. Good information and planning can assist in staying in the workforce as long as possible.
Many people with MS leave work during difficult times and then realise that the decision was premature. Issues such as future job prospects, superannuation planning and financial security are all matters that must be taken into account when making decisions. History shows that it is more difficult to find a new job than it is to maintain one through a period of illness.
Based on experience, certain factors work towards job retention. Some of these are:
- A positive relationship between employee and employer.
- Basic employer knowledge of MS (including the impact of invisible symptoms like fatigue and memory problems) and sensitivity to the employee’s needs.
- Workers knowledge of employment rights (Disability Discrimination Act, Equal opportunity legislation).
- Good workplace modification and job modification and flexibility.
- Thoughtful career planning.
- Effective management of symptoms.
There are many resources available through the MS society and other organisations to assist people to make informed decisions about their employment.
Australian Government - Employment for People with Disability
These Disability Employment Services and related programs are in metropolitan and regional areas and are able to assist people to find or maintain work.
The need for Advocacy
There are a number of employment related issues of concern to people living with MS and the MS Society. These include:
- Discrimination in the workplace.
- Education of employers and employment services about the course of MS.
- Availability of specialist assistance in the workplace to people with MS to ensure maximum continuity of employment.
Discrimination
People with disabilities are protected by State and Commonwealth discrimination laws in a number of areas of life including employment.
The Federal Disability Discrimination Act 1992 (DDA) covers a range of activities that may or may not constitute discrimination. States and Territories have Equal Opportunity Legislation and complaints processes that cover similar areas. The MS Society recommends you seek specialist advice regarding which jurisdiction can deal best with the complaint.
The Human Rights and Equal Opportunity Commission (HREOC) is responsible for handling complaints under the DDA and has good information about the workings of the DDA in practice. The following questions and answers are taken from the HREOC website and relate to the operation of the DDA in Employment.
Who should comply with the employment provisions of the DDA?
When may employers be liable for another person's actions?
What are an employer's obligations under the DDA?
What is discrimination under the DDA?
What is harassment under the DDA?
Can an employer ask questions about a person's disability?
What is reasonable adjustment?
What does unjustifiable hardship mean?
What does "inherent requirements" mean?
What exceptions are there under the DDA?
Does the DDA set out all of an employer's obligations regarding people with a disability?
How can employers comply with the DDA as well as health and safety requirements?
Does the DDA cover voluntary work?
Can employers advertise only for people who have a particular disability?
Can you give some examples of the application of the DDA to employment issues?
Are there any standards under the DDA on employment?
Are people with disabilities disadvantaged in employment in Australia?
Making adjustments in the workplace
There are many things employers and workers can do to make the workplace amenable and accessible for a person with MS. It can be beneficial for employers to take steps in conjunction with a valued employee who has MS to do what they can to continue the working relationship. An employee who knows the work and is motivated to continue to work despite their MS is worth keeping for their loyalty and motivation.
Studies have shown that workers with a disability can be just as productive as non disabled workers.
Whether or not failure to provide a modified workplace constitutes discrimination will depend on the individual circumstance.
The MS Society recommends individuals seek advice from advocates or the relevant authority about their particular circumstances. The MS Society can provide information or referral regarding employment situations.
The Job Accommodation Network (USA) has provided suggestions on a range of topics about modifying or adjusting your workplace to suit people with MS that individuals and employers may find useful.