Protected Class

This post is a reminder that we are a protected class.

Even since last week, the coronavirus and its attendant illness, COVID-19, have been throwing life in the United States into a zombie-apocalypse kind of chaos. The unknown is always scary, but based on the information we have, it’s especially scary for us – chronic patients who are, by definition, immunocompromised. (If our immune systems hadn’t gone a little crazy and destroyed systems/damaged organs and functions through bouts of friendly fire, we wouldn’t be what we are.) As  such, we have good reason to be scared. By all accounts, this virus that has no known treatment or vaccine is deadly to us, especially those of us with respiratory conditions and older chronic patients.

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I grew up in the era of the Americans Disabilities Act (ADA). It was passed the year before I was diagnosed with diabetes. Because of that, my schools were required to make whatever arrangements I needed, and I knew that future employers would not be able to fire me for 1) being a chronic patient, or 2) needing accommodations that can sometimes be expensive. It’s a good thing I knew those things, because I needed them this week.

I knew the virus was closing in, so last week I took a last minute trip to see my brother’s newborn. It would have broken my heart to have to wait until she was several months old. On the day I came back, I got a text from my boss saying our contract with the government did not allow long term telework. They were working to fix it, but as of that moment, we contractors were not part of the emergency coronavirus plan.

Well. My head almost exploded because, I’m sorry, but I am not willing to risk my life for this job. I told my boss that I believed federal law (the ADA) took precedence over how our contract was written. He sent me a shrug emoji – he didn’t know. That made me even angrier. My company is one of the biggest in the United States. He should know. Either way, I hadn’t been suggesting. I knew. This would not be a choice for my company. If my doctors and I decided that the best option would be for me to telework for an extended period, that’s what would have to happen.

On the way home, I made three calls: one to my doctor to request an accommodations letter, one to my employment attorney to confirm that I was right about the ADA overruling my contract, and one to the Equal Employment Opportunity Commission to confirm what my lawyer said – that if work duties did not require my presence in the office, I had to be able to work from home. I wanted strong, solid ground under my feet if it came to going up against my client.

I got my letter. I got my confirmations. I have what I need make my request, probably about eight weeks of telework. At least four – I have a doctor’s appointment in mid-April, where I can revisit the issue and make a decision with my doctor.

As it happens, we had an employee test positive. As of the time I am writing this, everyone is working from home for three days. Beyond that, there is no plan. After all of these temporary fixes – telework a day at a time -- I will work with my company’s human resources department on a formal request for reasonable accommodations, with which both my company and client will be required to comply.

It sucks to have a disability (yes, most chronic conditions are classified as disability), but the laws that protect us are in place for a reason. Use them.

NOTE: While all of these two-week closures have their uses, for us, that is not nearly long enough for us to know we are safe. All two weeks tells us is that a person was not infected by that day two weeks ago. Who knows who picked up the disease during the asymptomatic period. If a person was infected five days into the asymptomatic period, they may not know to be tested until five days after the two week quarantine is over. In that time, they may go back to work and unknowingly infect others. The only way we avoid this is an extended period of self-quarantine or social distancing. It may suck to be alone all that time, but the alternative is not worth your life.

Some things to make it easier:

  • Loneliness: Zoom basic video conferencing is free for those missing friends and family and wish to see them, at least over the phone. Your cell phone app, as well as the Gmail Hangouts app also have one-on-one video calling options. I’m sure there are others.

  • Getting your meds: I just found out that CVS delivery is now free. If you’re not near a CVS, check with your pharmacy to see if they are offering free delivery.

  • Getting food: ask your grocery store when their trucks come. Add in some time for unloading those trucks and go shopping as close to that as you can. Don’t be afraid to ask for items that may not have been restocked yet.