Workplace Rights & Accommodations

Here's something that surprised me: I have a Bachelor's degree in business with a major in human resources. I know the laws around workplace protections inside and out. But even with that background, I still had to fight for my rights when I had my autoimmune disease, and then again when I got my ostomy.

I wish I could tell you that knowing the law made it easy. It didn't. But it did give me the tools to stand up for myself when I wasn't being taken seriously.

Your Legal Protections

Having an ostomy is considered a disability under the Americans with Disabilities Act (ADA) in the USA and the Accessible Canada Act (ACA) in Canada. In the USA, the ADA applies to employers with 15 or more employees. In Canada, the ACA applies to federally regulated employers. Even if your employer isn't covered by these specific laws, many state and provincial laws provide similar protections for smaller employers.

I know the word "disability" can feel uncomfortable. It took me a while to accept it myself. But these protections exist for a reason, and they're there to help you do your job well.

What I Had to Fight For

When I went back to work after my ostomy surgery, I requested to work from home. I was having so many issues with running to the bathroom, dealing with so much pain, and I needed to be in the comfort of my own home. This is a normal request, but it was very difficult to reach a point where my employer would believe I was actually sick and doing good work.

I wasn't taken seriously, and that was very hard to navigate. I had already been dealing with judgment around my reliability because I'd been sick with my autoimmune disease for so long. Even though I was trying my best to be there and do as much work as I could, I felt like I had to keep challenging things and fighting to get the support I needed.

What Employers Cannot Do

Here's what the law says your employer cannot do. They can't ask for specific details about your medical condition. They can't require you to disclose your ostomy during interviews. They can't refuse reasonable accommodations without good cause. They can't discriminate against you for having an ostomy. They can't share your medical information with other employees. And they can't retaliate against you for requesting accommodations.

But just because the law says these things doesn't mean it always plays out that way. That's the frustrating part I learned through experience.

What You Can Actually Ask For

There are things you can put in place at your work to ensure you're comfortable. You can ask for flexible bathroom breaks without needing to get permission every time. You can request a desk location near a restroom. You can ask for access to a private bathroom or space where you can change your supplies. If you need it during recovery, you can request a modified work schedule. And you can ask for work-from-home options on difficult days.

One thing I had to remember is not to provide too much information. You really just have to research and figure out how much information you should provide, while still protecting yourself. I was definitely just worried about disclosing my ostomy because I was worried that colleagues might see me differently.

How to Ask for What You Need

You can request accommodations by speaking with your manager or by emailing your manager. I found that putting it in writing helped because it gave me a record of what I asked for and when. You don't have to give them all the details about your medical condition. Your doctor can write a letter that says you need accommodations without spelling out exactly what's going on with your health.

When I had to do this, I kept it simple and professional. Something like this works well:

"I have a medical condition that requires reasonable accommodations under the ADA (or ACA in Canada). I need flexible restroom breaks and a workspace near restroom facilities. I can provide medical documentation if needed. I'm happy to talk about how we can make this work."

I felt comfortable sharing only a little at first, and then more if it was okay. But it was a hard dynamic to navigate.

If Things Go Wrong

If your employer doesn't handle your request properly, document everything. Save emails and write down conversations. Follow your company's official procedures. If discrimination continues, contact the EEOC in the USA or CHRC in Canada. You might also consider consulting an employment lawyer. Many offer free consultations.

I did feel fear that I would be seen as weak or as someone who wasn't performing. And it's so sad that someone with an illness or disease or ostomy or anything like that has to fight for their rights. Because they have every right to work as someone who might be able-bodied or healthy.

You Are Not Crazy

The things you're going through are valid. If you're trying to fight for something you need in the workplace to feel comfortable and do the job well, that is not out of line or strange to ask for.

You just need to stick to your gut and ask for what you need, because it's so important. I hope people don't back down because they're scared, because it makes such a difference in your life and impacts your day-to-day.

I definitely felt stronger and more empowered by going through those experiences, even though they were horrible. You just need to stand up for yourself and ask for what you need. There are things you can put in place at your work to ensure you're comfortable.

You bring the same skills, experience, and dedication as anyone else. Don't let fear of discrimination keep you from pursuing jobs you want or requesting accommodations you need. You have rights, and there are systems in place to protect them.