ANA Discussion Forum
General Category => AN Issues => Topic started by: ombrerose4 on September 03, 2010, 05:16:12 pm
-
To all you wonderful nurses out there i want to ask a question. I am graduating from nursing school in December, hope to take my boards by February and then find a job. I am SSD and want to know if I need to disclose this information on job interviews or tell a supervisor once I am hired or not say anything at all? I do wear a BAHA, but it's still not like the real thing. I've had no problems in my clinicals dealing with patients, so I know I can do this. What do you guys say?
-
I wouldn't say a thing. Get the job and if it seems a problem then mention it. I knew more than one nurse besides me who had some hearing difficulties and one was esp bad and worked in OB. My biggest problem when was just was the one sided SSD was locating where IVs were beeping when standing in a hall. If a pts visitor talked behind my back I would apologize for not hearing them and say I have some hearing problems and not the full extent of it.
I hope the rest of school goes well for you and you get a job you like! It's not an easy job but can be very worthwhile.
Cheryl R
-
I agee,
Don't say a thing during the interview. Hopefully they won't ask you what that thing is on your head! They shouldn't.
Once you are hired you will probably have to fill out a health evaluation and then at that time you can state that you have a hearing device for SSD.
Good luck with the rest of your schooling! (and good luck finding a job ;) )
Maureen
-
Truthfully, it is none of their business. If you are functioning appropriately and not having any difficulty, what difference does it make?
-
I'm not a nurse, I'm an accountant, but this is a question I've been struggling with lately.
Now that I'm faced with finding a new job, I haven't really decided if I should mention my hearing loss or not to a potential employer.
As opp said, it's really none of their business, but one of my biggest strengths (and truthfully biggest weaknesses ::) ) is that I'm honest to a fault.
On one hand, I believe in full disclosure - but on the other hand it's probably not relevant.
I've had two interviews already - one with a recruiter - and didn't mention my hearing loss because there was no need to. I could hear everything that was said to me during the interviews and the jobs I'm interviewing for don't require having 100% perfect hearing.
I've pretty much decided that I'll talk about my hearing loss, if it somehow becomes evident during the interview. I'll also talk about it if someone asks me what I like to do on my personal time - since I'm a big advocate for AN patients and BAHA candidates and recipients.
Jan
-
Thanks to everyone! I appreciate the feedback! Jan- I am real honest too, but I hear fine when I do my clinicals at the hospital. I just feel maybe they should know in case there's a beeping like Cheryl said, and I can't tell where its coming from. But I don't want to not get the job because of it, so maybe I won't say anything until after I am hired. :)
-
You don't have to tell the higher ups but once get to working than just casually mention to the co workers that you have some trouble in one ear in case you miss a noise. Most places are just happy to have as much help as possible and most nurses understand a health issue better than the general public. My co workers were very curious about my whole experience since not something common. I do miss working at times and other times don't. Cheryl R
-
Here's another dilemma in the job search situation.
Today I sent in an application and a resume to a local hospital - they are looking for a business manager/accountant. The end of the application asked the usual stuff - can you legally work in the U.S., are you male or female, black, white, etc., but it also asked if I was disabled. It was a yes or no question - no opportunity to elaborate or explain.
Well, technically I am disabled since I'm SSD. However, that disability does not prevent me from doing the job that I applied for - and as a BAHA wearer, my disability isn't as bad as it would be if I didn't wear one.
So, should I have said I was disabled? or not?
Also, if I were to claim that I am disabled, would it give me an advantage or a disadvantage when it comes to being asked to interview? Is there a "quota" that most companies have to meet when it comes to "disabled" employees?
I'll tell you what I chose to do, but I'd like to hear some other people's thoughts first.
Thanks,
Jan
-
Hi, Jan. I've not considered myself disabled just because I'm SSD. So I would have answered the question "no". Good luck on your job search! --Carol Ann
-
Jan, in your case I would say no. If you were completely deaf than I would say yes. I think you still have to be considered if disabled and they can arrange for ways to aid you to do the job as described. What part a HR person relates to all this could also be part of how one who is disabled does do well and get a job or not. I am sure this ia an up and down time for you right now and hope you get a job you like soon! Cheryl R
-
Jan ~
Good question. I would have answered 'no' because you are not really 'disabled', in the way most people think of when they hear that term. In addition, some businesses avoid hiring the disabled because the ADA requires the business to make accommodations that they may be reluctant (or financially hard-pressed) to make and if they fail to do so, they can be liable to incur fines, and lawsuits. Sad, but true. That being the case, I hope you answered in the negative.
Jim
-
Actually, the question itself is illegal. See: http://www.eeoc.gov/facts/ada17.html
It is unlawful to:
ask an applicant whether she is disabled or about the nature or severity of a disability, or
to require the applicant to take a medical examination before making a job offer.
You can ask an applicant questions about ability to perform job-related functions, as long as the questions are not phrased in terms of a disability. You can also ask an applicant to describe or to demonstrate how, with or without reasonable accommodation, the applicant will perform job-related functions.
Once asked and responded to in the affirmative, the potential employer is at risk for having to demonstrate that was not a factor in the hiring decision. Of course, the employer may wish to use a negative response to terminate a disabled employee for lying on the application, despite the fact the question itself is unlawful.
As to whether or not SSD is a a qualifying disability:
To be protected under the ADA, an individual must have, have a record of, or be regarded as having a substantial, as opposed to a minor, impairment. A substantial impairment is one that significantly limits or restricts a major life activity such as hearing, seeing, speaking, breathing, performing manual tasks, walking, caring for oneself, learning or working.
I am currently working with a number of senior people (gubernatorial appointees, agency heads) who are SSD (for non-AN reasons) and they do not consider themselves disabled.
Full disclosure: I am not a lawyer. I merely read law and occasionally write law.
-Tod
-
I wouldn't mention it in your interview just because it has nothing to do with the way you provide patient care.
But, I am one that tells every single person in the world about it, including coworkers (and, if need be, patients). But that's just because it becomes annoying in conversations (when I'm saying "huh?" for the 50th time), not because it has anything to do with how well I perform my job.
-
Tod,
Thanks for the legal info. I definitely don't consider myself disabled as far as mySSD. I feel disabled from my daily chronic headaches. Hopefully by the time I am out of school and get a job, my headaches will be history. I think I will do what Cheryl suggested and just let some of my co-workers know about my SSD in case for some reason I miss hearing a patient's alarm ringing.
-
What is SSD? I have been on this forum for a couple of weeks since my diagnosis and have pretty much figured out most of the lingo, except this one. If I don't know, then I just Google it, but when I Googled SSD, I just got results on Social Security Disability. Thanks. I too always mention my hearing loss because I always have to ask people to repeat themselves many times. I feel that if I tell them, then they will be more understanding of why I say huh so many times, and hopefully they will be more mindful of speaking more clearly. I think I would not mention it on a job application or interview though. Of course, if in an interview, and I had to ask that things be repeated, then I probably would mention it. I would rather they know I didn't hear the question being asked rather than I didn't understand the question being asked. Good luck on your job search.
-
SSD = single sided deafness. For those of us deaf on one side.
-
Tod -
thanks for the info. and thoughts on legality. Interestingly enough, though, when I applied for unemployment benefits from the state of Illinois I was told that hearing loss of any kind (which I definitely have) is considered to be a disability.
That said, I don't consider myself disabled - but am trying to comply with others' definition of it.
As for the job application, I claimed that I was not disabled - but then I got an email from the HR person stating that my resume was received, and that I would be contacted if there were questions or if they wanted to interview me. So, I took the opportunity to give a further explanation of my answer.
I replied to the email and stated that I had been SSD for over 3 years, wore a BAHA, and was in on way, shape, or form unable to do the job I had applied for because of that. I also said that my "disability" had no bearing on the way I did my job for my previously employer - which is the truth.
Maybe it's just me, but I've always lived my life giving full disclosure when I felt it was necessary and in this instance, I felt it was necessary. If it somehow "costs" me an opportunity to interview for this job, then I'm comfortable with that - as I wouldn't want a job where my "disability" was considered a hindrance.
Jan
-
Jan,
First, ADA does not specify what level of hearing loss is disabilitating, only that it qualifies.
Second, I would never suggest that legality is the sole arbiter of right and wrong. Many times in my job I raise question, "Okay, legally we can do this, but should we? Is this the moral and ethical thing to do?" I think we should each always make that decision.
As for me, right now I feel somewhat disabled by being SSD. I wrestle with why that is since I didn't have much hearing on the left side the year prior to surgery. This suggests to me that awareness of the complete loss and my natural emotional response is more of an issue than the actual loss. My only real challenges in functioning for work are large meetings and formal dinners. Both are only occasional and will simply take some more time to get used to.
I posted the legal info so that folks can protect themselves and be aware of what the law is. No person but yourself will really have your best interests at heart. However, as with anything, you have to pick your own best path in life.
-Tod
-
Totally understand, Tod.
Morally and ethically if I'm asked do I have a disability, I'm inclined to disclose my hearing loss. But I recognize that what is right for me might not be right for another who is SSD.
As for your own hearing loss, I've found that the BAHA has done wonderful things for me - both in my personal life and in my business life. If you haven't tried the demo yet, I highly recommend it. If you think that another surgery isn't something you're interested in, I'd try the TransEar. Those who wear them really like them.
Jan
-
Jan,
Dec 1 is when we officially start the BAHA evaluation process. That appointment has been set for about three months now. I'm looking forward to it. After just having a my third surgery for my vocal cords this past Friday, another surgery seems a minor consideration.
For some reason, my docs feel like I have been through enough and want to have a very moderate pace.
Tod
-
i am copying form another site ... too much info? http://www.jobinterviewquestions.org/questions/disability-questions.asp
this is stratigh forward - but long ... hope this helps.
Is it legal for a job interviewer to ask me if I have a disability?
No. The Americans with Disabilities Act (ADA) prohibits questions about medical conditions; past hospitalizations; nature and severity of disabilities; and other related matters on job applications and in job interviews.
Unfortunately, some employers persist in asking questions that are prohibited under the ADA. This places job applicants in the uncomfortable position of deciding how to respond.
What type of question is an interviewer allowed to ask?
An employer may ask you whether you can perform the job-related functions, as long as they don’t phrase the questions in terms of the disability. For example, if driving a vehicle is a function of the job, the employer may ask if you have a driver’s license. However, they may not ask if you have a visual disability that would prevent you from driving.
Do I have to tell the truth about my disability?
It is recommended that you never lie on a job application or job interview. The employer could have a legitimate justification to fire you later on if it’s revealed that you lied. Some courts have ruled that lying on a job application or in an interview is a legitimate ground for firing an employee, even if there is evidence that the firing was also motivated by unlawful discrimination.
Can the interviewer ask about gaps in my employment history if those gaps were related to my disability?
Under the Americans with Disability Act (ADA), potential employers cannot ask certain questions at a job interview that would result in the applicant revealing information about the existence or nature of a disability.
Questions about gaps in employment history are likely to lead to information about an applicant’s disability and are therefore arguably illegal. However, until the courts and the Equal Employment Opportunity Commission (EEOC) clarify the issue, the law on this question is unsettled.
What should I do if an interviewer asks me unlawful questions about my disability?
There is no easy answer. If you are asked a question at a job interview that is not allowed under the ADA and you answer the question, you may be revealing information that the law allows you to keep private, at least at that stage of the job application process.
There are two basic issues for you to consider: (a) do you want to get the employer to change the illegal job application or interview process or (b) do you want to get the job? Accomplishing both objectives at the same time may be difficult.
If your main goal is to pursue the job, you may choose to refuse to answer a question in a nonconfrontational manner. For instance, you could state that you read about a law that prohibits questions of this type during job interviews. This lets you avoid answering the question without giving the employer the impression that you have a disability.
If your main goal is to get the employer to change the illegal interview process, then you can file a complaint with the EEOC or state or local human rights agencies, and ask them to take up the problem of the illegal question with the employer.
What should I do if I encounter an illegal question on a written job application?
You may leave the question blank or ask if you can take the application to fill it out at home. If you are permitted to take the application home, you can show the application to the U.S. Equal Employment Opportunity Commission (EEOC), NYLPI, other advocacy organizations, or state or local human rights agencies, and ask them to take up the problem of the illegal question with the employer.
If you do this, you can also request that the agency to whom you show the application not reveal your identity to the employer. This may enable you to get the application changed while continuing to pursue the job.
What should I do if I refuse to answer illegal interview questions and then don’t get the position?
The employer has violated the law. You may want to consider filing an administrative complaint with the EEOC or a state or local human rights agency.
If I apply for a job and I am not hired, how do I know if the employer has violated the law and discriminated against me because of my disability?
There is no way to know for certain. This is especially true when an employer doesn’t directly state that you weren’t hired because of your disability or provides no reason at all for not hiring you.
Then, how can I prove that I wasn’t hired because of my disability?
(a) You must show that you are a person with a disability; you were qualified for the job; you were denied the job; and the job either remained open or was given to a person without a disability.
(b) The employer must offer a neutral or non-discriminatory reason for the decision not to hire you, such as the fact that you were not qualified for the job or were not as qualified as another applicant who was hired.
(c) If the employer can meet this burden, then you have to show that the neutral reason given by the employer is not the real reason for the employer’s decision not to hire you, and your disability was the true reason. Any information that you can obtain on these issues prior to filing a complaint will be helpful to your case.
What’s my chance of success if I file a complaint based on disability discrimination by an employer?
Even if you can prove that an employer asked an illegal question on a job application or at an interview, and you can prove that you were not hired as a result of your response to the illegal question, you will not necessarily win an administrative proceeding challenging the employer’s decision not to hire you.
To win an administrative complaint or lawsuit challenging a decision not to hire you, you will also have to prove that you were able to perform the essential functions of the job, with or without a reasonable accommodation. You will need concrete evidence that the employer’s decision not to hire you was based, at least in part, on your disability.
Does an employer who asks an illegal job interview question violate the ADA even if they extend a job offer?
The employer may have violated the ADA even if you are offered the job or even if you decide that you do not want the job and withdraw your application before a hiring decision is made. In either of these situations, you may want to ask the EEOC, NYLPI or state or local human rights agencies to investigate and ask the employer to change the application or interview process so that the question is not asked of other applicants.
Does the ADA require employers to give preference to hiring people with disabilities?
No. While the ADA and state and local laws protect people from employment discrimination on the basis of disability, they do not require an employer to hire or promote the person with a disability over other people.
These laws prohibit an employer from refusing to hire or promote or from taking other adverse action against a person because of the person’s disability, if he or she can perform the essential functions of the job.
An employer can, under the ADA, choose a person without a disability with more experience over an individual with a disability even if the individual with the disability is qualified for the job.
An employer can choose a person without a disability over an individual with a disability, if the two individuals are equally qualified, as long as the choice was not made because of the individual’s disability.
-
It would never occur to me to say I had a disability, with or without a qualification. I wouldn't feel like I was lying by not disclosing my SSD, because I see it on the same level as my leg that doesn't work quite right because I broke/mangled it 8 years ago, or my eyes that require contacts or glasses to see further than the end of my nose. ;-) Those are not disabilities, just less than desireable conditions that I have learned to live with...
Vonda
-
Jan ~
Although I'm retired and don't have to deal with this situation, this has been an interesting discussion on defining, legally and ethically, what is a disability. The legal part remains somewhat ambivalent and is clearly situational despite the legal constraints on employers asking job applicants, directly, about any 'disability'. Apparently, some authorities consider SSD a distinct disability while another does not. FWIW: I consider my SSD to be an impairment.
Ethically, no one condones lying on a job application. That should be a given. I agree with your observation that although you don't consider yourself 'disabled', you have to attempt to comply with other people's (employers) definitions. I believe you answered the disability question in the way I would have but going back and defining your SSD and the utilization of your BAHA for a prospective employer seems prudent. While I may have waited until an actual interview before making the SSD disclosure (and stating the case that it does not affect your job performance in any way) you got it out in the open, as it were, and if it is a barrier to being hired, you may as well know that upfront and not waste time interviewing for a job that you won't be offered because of your SSD, although I'm sure the prospective employer wouldn't be foolish enough to mention your alleged 'disability' as a reason for rejecting your application. In my later working years, I found my age (55+) to be an amorphous issue that was never, ever mentioned but that, I guessed, probably cost me a few job opportunities. Employers can't ask your age and it was never mentioned, but when your interviewer and prospective boss is clearly 20 or more years younger than you are, it has to be a factor, spoken ore not. I always wanted to say that I was 'young at heart' but doubted the prospective employer would appreciate the latent irony and so, I just accepted that ageism was a fact of life and I dealt with it as best I could. So, too, with your SSD. I hope you'll be considered for the position in question despite the SSD and I trust that you'll be gainfully employed very soon.
Jim
-
SSD=Single Sided Deafness
-
Thanks for the input Carter and Jim.
I think it's best for me to do what I do in every situation, follow my heart and my instincts.
Here's hoping this unemployment business is short-lived.
Prayers, please!
Tod -
I hope your BAHA evaluation process goes well. My BAHA surgery is hands down one of THE best things I've ever done for myself.
If you have any questions that I can answer for you regarding the BAHA, please don't hesitate to ask.
Jan
-
Hi,all,
It's been a LONG time since I've been on this forum, but thought I'd add my two cents anyway. Lauren, I think your decision is the right one for you. Disclosing your hearing loss to co-workers should be enough. I'm sorry to hear you are still suffering from headaches and hope your graduation from nursing school will help you see the end of them.
Jan - I'm so sorry to hear you are currently unemployed and hope you find a new job soon. Having met you this summer, I would never have guessed you are SSD if I hadn't already known about it and you weren't wearing your BAHA at the beach, so your hearing must be really great when you are wearing it. I am going to start looking for a job soon myself and have been wondering about this very subject, so I'm glad I tuned in!
Wendy
-
Thanks, Wendy ;D
Been unemployed since 8/31, but hopefully won't be unemployed for long. Lots of people helping me look for work - some I've never even met in person 8)
It's been kind of refreshing to know so many people care about me and are willing to help.
Good luck with your own search.
Jan