Sep 03 2009
When the Fear of Liability Takes Over
We all start out innocent. No need to make sure we do everything perfect for fear of possible litigation. What has happened to us as a society that we are so afraid of liability that we forget compassion and understanding?
No, I’m not saying everyone, everywhere lacks compassion. There are many of us out there who are not afraid to reach out to others without a thought to covering our potentially liable behinds, but I have a bad taste in my mouth from a recent incident and I can’t help but voice my opinion as many of us bloggers are inclined to do.
This isn’t about me, but about a friend. Not a “wink, wink” friend, but really, not me because right now I am a stay at home mom. This friend, we’ll call her Kate, has been sick.
Kate has a seizure disorder which has been newly diagnosed. She hasn’t been able to drive a car for about six months because her seizures aren’t totally under control. She has been to the doctor time after time and despite everything, continued to work dilligently at her job every day.
After ten years of hard work, she receives a letter outlining her employer’s “concerns”. Apparently in the past 6 months there were three episodes where my friend was “a little confused”, “unresponsive”, or otherwise incapacitated for a period of less than 15 minutes. That’s it. Three minor episodes in 6 months. As an epileptic myself, I can assure you that this is insignificant in the grander scheme of things.
Instead of showing just a bit of compassion for Kate, her employer hands her a three page letter outlining every single statement she has made about her possible illness and details of the three episodes with a demand that she undergo a full physical and mental health evaluation and sign a release for her employer to contact any medical professionals so they can have input into the evaluations. Further, they have reserved the right to get a second opinion if they do not like the first one.
Not once has her disability affected a major work decision or her overall performance, but it has made people feel uncomfortable. They outline this discomfort in their letter as well. “People feel embarrassed for you”.
Well, when I was having trouble with my seizure disorder 15 years ago, I wasn’t worried about being embarrassed, I was worried about things like hurting myself when I seized or getting my disease under control.
Kate is a model employee. I don’t work with her, but I know that she is. She is dilligent, hardworking and a perfect rule follower. She stays late without pay and will always get the job done. When one of her coworkers was sick, she covered for her extensively and she is now not receiving the same compassion.
Why?
Are people that freaked out by others who have seizures?
I know that before I had seizures, I thought that they were only for severely impaired people and not college educated professionals. I too was afraid, but nothing gets you over the fear of something than having to live with it every day.
To me, this is all about compassion, or in this case, a lack of compassion. Their fear of what could happen has sparked their need to attack my friend, humiliate her with details I haven’t outlined here and put an already stressed, ill person under more stress.
What is even more disturbing is the agency she works for. I can’t outline the details, but it’s safe to say that they are in human services. Maybe a bank or an accounting firm wouldn’t understand or have compassion for a person with a seizure disorder, but an agency that services people with special needs probably should.
If it isn’t already obvious, I am angry. I am mad that because of a fear of potential liability my friend is being dumped on by her employer despite ten years of service for an illness that is beyond her control.
Are there any real answers out there?








