Returning to Work

An Employee’s Guide from CCDC

1. Questions to Ask
2. Talk to Your Employer
3. Reasonable Accommodations
4. Other Options
5. Reporting an Unsafe Work Environment
6. Discrimination
7. Resources

CCDC has received questions about returning to work as it relates to people with disabilities.   Our state has a return to work guidance that is relevant to unemployment.   The EEOC has also issued guidance about returning to work.  It is in Section G: Return to Work.

People with disabilities and those we live with have vastly different experiences and needs.  Therefore, this is not intended to be directive or legal guidance.  This document should help people think about what questions they need to ask of themselves and their employers.   

Questions to Ask

• Do you have a disability?  
  • The ADA defines disability as a substantial impairment in a major life activity.  
  • People who are considered disabled or have a record or history of disability are also covered under anti-discrimination laws. 
• If yes, does your particular disability make you vulnerable or at risk if you get COVID-19?  
  • Possible disabilities that put you at increased risk include respiratory disabilities, heart conditions, neurological impairments, and chronic illnesses.   
• Do you live with someone with a disability? 
  • If yes, does that disability make the person vulnerable or at risk if they get COVID-19?
• Are you over 60?
• Do you live with someone over 60?

Answering “Yes” to any of these questions means you have additional things to think about with regard to returning to work.   

Talk to Your Employer

OSHA Guidance for Employers

Questions to ask yourself and your employer:

• Can my job be done remotely?   
  • If you have a disability, you could request this as a reasonable accommodation.   
  • If you do not have a disability yourself, there is no requirement to allow work from home, but governments, including the state of Colorado, are strongly encouraging this practice. 
• Is my employer following COVID guidance issued by OSHA?  
  • Check on your employer’s return to work policies and workplace safety policies.  
• Do I need to interact with the public as part of my job?  
  • If yes, is my employer mandating mask use?  
• Do I have a safe way to report violations of company policy (such as people not wearing masks)?

Reasonable Accommodations

If you ask for a reasonable accommodation, remember:

• You need to ask –your employer cannot read minds.  
  • Make your request in writing and explain the connection between your disability and the requested change.  
  • For example, I have a neurological disability and weakened lung capacity and request to work at home. Working from home reduces my exposure to other people and reduces my risk of contracting COVID-19.
• Your employer may have a specific form they want you to use.  
  • Use their way unless you have a disability-related reason not to.  
  • There is no sense in arguing about that issue.
• Your employer will engage in an interactive process.  
  • It may be give-and-take on both sides.   
  • Be solution-focused.
• You still need to be able to do the essential functions of your job.  
  • For example: If you are a customer service representative and the system can’t forward calls to your home phone, then an essential function of your job requires you to be in the office.

Other Options

If there is no way to accommodate you in your position consider:

• Asking if there are other positions for which you qualify.
  • If so, ask for a transfer when there is an opening.
• Ask how much stored up sick or vacation time you have. 
  • Likely it will not be enough to get through the remainder of the pandemic, but you can use it while you figure out your other options.
• You MAY be eligible for unemployment. 
  • To maintain your eligibility for benefits, you must complete regular work search activities that help you return to work.  

Reporting an Unsafe Work Environment

• If you fear your workplace is not safe and your management has not addressed concerns, you can look into the recently signed  Whistleblower Protection Public Health Emergencies Act. 
  • This new law offers significant protections for workers (employees and independent contractors) from discrimination or retaliation by their employers. 
  • Workers are protected from discrimination or retaliation for raising concerns about workplace safety or health during a public health emergency.
  • Workers are also protected when wearing their PPE at work. 
  • The full text of the law and more information is here: https://leg.colorado.gov/bills/HB20-1415.

Discrimination

If you feel you have faced discrimination, see what your employer’s internal grievance process is.  If you are a member of a union, they should be able to help you.  Otherwise, if you want to file a discrimination complaint you must submit an administrative complaint with a government agency.  

You can go to the EEOC or the state Civil Rights Division if you believe you have faced disability discrimination.

Resources

EEOC Pandemic Guidance

Sate of Colorado Guidance

Guidance for Employers and General Public

PART 1: URGENT AND IMPORTANT CCDC INVESTIGATION OF CSL PLASMA

Please see Part 2  and Part 3 for other important related information.

HAVE YOU EXPERIENCED DISCRIMINATION ON THE BASIS OF DISABILITY AND ATTEMPTING TO DONATE PLASMA TO A CSL PLASMA CENTER IN COLORADO BECAUSE OF YOUR DISABILITY?

For example, were you denied the opportunity to donate plasma and receive payment for doing so for a disability-related reason? If so, our Civil Rights Legal Program needs to hear from you as soon as possible. Please contact Kara Gillon at ccdclpa@ccdconline.org or (303) 660-8254. Email is best as the Colorado Cross-Disability Coalition (“CCDC”) staff are all following the current EXECUTIVE ORDER D 2020 024, AMENDING AND EXTENDING EXECUTIVE ORDER D 2020 017 ORDERING COLORADANS TO STAY AT HOME DUE TO THE PRESENCE OF COVID-19 (“Order”), entered April 6, 2020, as well as the UPDATED PUBLIC HEALTH ORDER 20-24 IMPLEMENTING STAY AT HOME REQUIREMENTS (“PHO”), dated March 26, 2020, and issued by the Colorado Department of Public Health & Environment. Most of us are working at home unless otherwise necessary. CCDC is permitted under these orders to have staff in the office, but we are working at home unless otherwise necessary.

WHAT DO WE NEED FROM YOU? We need to know as much precise information as possible which may include the following: (1) when you made the contact with any of the CSL Plasma Centers located in Colorado (the previous link provides all addresses and other necessary contact information, also listed below); (2) all reasons why you believe you were discriminated against on the basis of your disability; (3) who you talked to and when and what was said.

Leave a good time to contact you (again preferably by email) and your name, telephone number, email address and whether you are a CCDC member already.

If you would like to become a CCDC member, membership is free and can be extended to any individual who believes in social justice for people with all types of disabilities. You can become a member easily by logging on to the CCDC Membership Website Page. By becoming a member, you may elect to receive important information regarding all activities of CCDC which are especially important in light of the current pandemic.

This is Part 1 of three parts to be included in this Alert.

Part 2 of this Alert will provide you with information regarding whether you would be interested in being a plasma donor which accomplishes three important purposes: (1) Assisting individuals who are in desperate need of plasma donations received those donations during this time of crisis; (2) helping you obtain some additional needed financial resources during this economic crisis; and (3) assisting CCDC with its investigation of this issue and the possibility of disability discrimination.

Part 3 of this Alert will provide you with the legal background for the types of disability discrimination individuals might be experiencing as a result of attempting to donate plasma at CSL Plasma centers.

WE ARE CONDUCTING AN INVESTIGATION AND NEED TO HEAR FROM YOU AS SOON AS POSSIBLE.

Colorado CSL Plasma locations:

Arvada
11651 W 64th Ave Suite B1
Arvada, CO 80004
Ph: 303-425-9959
Fax: 303-423-6464
Mon-Fri 6:30am-7pm; Sat/Sun 7am-5pm
Map This Location
Donation Center Details

Aurora
690 Peoria St. Unit M
Aurora, CO 80011
Ph: 303-363-0095
Fax: 303-363-6732
Mon-Fri 6am-8pm; Sat 7am-3pm; Sun 6am-6pm
Map This Location
Donation Center Details

Colorado Springs
5506 N. Academy Blvd
Colorado Springs, CO 80918
Ph: 719-284-3258
Fax: 719-387-9767
Mon-Fri 7:30am-6pm; Sat/Sun 9am-3pm
Map This Location
Donation Center Details

Evans (Greeley)
3505 11th Avenue, Unit #1
Evans, CO 80620
Ph: 970-330-3558
Fax: 970-330-1807
Mon-Fri 7am-8pm; Sat-Sun 7am-7pm
Map This Location
Donation Center Details

Ft. Collins
1228 West Elizabeth Street, Suite D-3
Ft Collins, CO 80521
Ph: 970-484-2248
Fax: 970-484-2568
Mon-Fri 7am-7pm; Sat-Sun 7am-3pm
Map This Location
Donation Center Details

Grand Junction
2650 North Avenue
Grand Junction, CO 81501
Ph: 970-233-7947
Fax: 970-241-3511
Sun-Fri 6am-7pm; Sat 6am 5pm
Map This Location
Donation Center Details

Northglenn
11874 Washington St
Northglenn, CO 80233
Ph: 303-515-7621
Fax: 303-255-1471
Mon-Fri 6:30am-7pm; Sat-Sun 7am-5pm
Map This Location
Donation Center Details

Part 2⇒                         Part 3⇒⇒

Back to top of page

The Public Charge Rule Is Now in Effect Nationwide— What Does that Mean and What Can You Do?

Update: February 24, 2020 
From the Center for Public Representation

Today, the Department of Homeland Security’s discriminatory public charge rule goes into effect. The rule puts in place a new test for people who are applying for visas or green cards. It looks at people’s health, including whether they have a disability, and whether they have used or might one day use public benefits, including Medicaid-funded home and community-based services on which many people with disabilities rely because they are not covered by private insurance. This rule will have a disproportionate impact on people with disabilities and will discourage people already in the US from using critical public benefits to which they are legally entitled. Continue reading “The Public Charge Rule Is Now in Effect Nationwide— What Does that Mean and What Can You Do?”