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Can my employer refuse mention of illness on Review? Florida

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  • Can my employer refuse mention of illness on Review? Florida

    I have Lupus and I do not try to hide it from my employer. Especially since I have had memory and concentration problems caused by the disease that have affected my work. The company I work for has instituted a new Performance Review system that recommends against any mention of any type of illness in your review. I usually say that yes my quantity out output is not good and this is why. This is about the only area of my work that does not get good reviews. I have prefered to say what is going on in my reviews so that it is clear that the problem is not something I have a lot of control over.

    With the new 'rules' I would have nothing but black marks on my quantity of output with no explanation of why. I would prefer to be able to say why my performance is down. Can I insist on the ability to explain my problem or are can they refuse to let me explain. (They say they are protecting the firm from law suits.)

    Can you direct me to an area that can help me find the answer to this question? Thank you.

  • #2
    You can't demand that the employer consider your illness as a mitgating factor in the quality and quantity of your work. As a matter of fact, they shouldn't do so. The employer doesn't have to give you special dispensation for errors because you have a medical condition. Lupus CAN be considered an ADA-qualifying condition. Have you spoken with the employer about any reasonable accommodations that would still allow you to do your job accurately in the time frame allowed?
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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    • #3
      To put it bluntly, your employer not only can refuse to mention your illness on your review, they would be in violation of the law if they did mention it.
      The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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      • #4
        I am working on more structure for projects to help keep things in line. I have already been careful to insist on everything going into emails so that I have references to what has been said about projects and information so that I don't have to remember verbal references as that is one of the things I have problems with.

        I just today picked up an organizer as in the past couple of days I've made mistakes in who else is assigned to a project with me - something that hasn't happened to me before. Usually I forget facts and people's names, but not the actuall person working with me.

        As far as WORK mentioning the illness, its more ME mentioning it as an explaination of what is happening not them mentioning it. Its a very awkward position since I'm going from being able to work at near genious level to quite a bit less than that. Its not a problem that is nearly as obvious as physical disabilities - although I have them as well. The problem of course is that my work is such that physical disabilities are not a problem. But the mental ones are.
        Last edited by Jirel; 04-17-2007, 02:42 PM.

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        • #5
          The problem is even if you were allowed to put into your review why (@ your Lupus) your work is not up to standards in part/parts of your job, you still have to meet the stds. just like everyone else. You can't be denied a job just because of your Lupus but you have to meet the same stds. as the other employees. You & your employer will have to work together to see if possibly there is a reasonable accommodation that can be made so that you can improve in your job. It looks like your are trying to do this now by working on more structure for your projects, etc. Good Luck to you.
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