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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 115439
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Re: Disclosure for Accommodation I'm switching to the new

Customer Question

Re: Disclosure for AccommodationHi,
I'm switching to the new question so that you get compensated for the amount of work and advice you providing me with.The technical question about whether I (or my doctor) can insert this or that into the answers to specific questions of the questionnaire I probably can answer myself, it does not require law expertise, and I won't be insulting your intelligence with this.What I would like to ask your advice about is the following.
I shell understand that you are familiar with the concept of risk, cost of risk, and risk mitigation -- what I spoke about when I was talking about becoming 1) and ongoing liability for my company and 2) further risk to my company ones they are in possession of my medical information, especially mental health / psychiatric information.Consequently, providing this information is a risk for me.
I can (and will) go through specific subjects of risk, but first, want to make sure we are on the same page about the whole concept.So I need to find ways to mitigate this risk.
Again, I hope you are familiar with the Risk theory. It is very pervasive. It is what insurance based on, for example.The idea of risk mitigation, if it cannot be eliminated by altering the structure of the environment or arrangement of things, is in re-allocating responsibility for the risk to other interests, which are more favorably situated to absorb it, and in some special cases, even benefit from it.This is basic idea behind insurance.
And if somebody was paying 50 years into term insurance and didn't die, it's a pure profit for the insurance company to have been burdened by a risked of mortality of that particular insured. (Of course, in heart of the mainstream insurance business model also lyes spreading the risk across the group of policies, but this is belied the point for this conversation.)So, since sharing my info is unavoidable, for all the practical purposes, as is not becoming a liability and risk for my company which they would naturally be speaking to eliminate,
What I need is an insurance insurance policy which would make it this undesirable course of actions to take by my company, whatever the reasons might be.So can you please think within this framework, how can I share this information with them so that it would be undesirable for them to loose me, or dismiss me, for whatever reasons.This questions truly requires an out-of-the-box creative thinking.So how about you try to brain-storm it and purely academically come up with a few original ideas. Don't worry for time being about their implementation, as this will stop you in your tracks as far as ability to be creative. think that everything is doable and possible.Give me a few scenarios, let's see if we in the same mental ballpark.Thanks!!!
Submitted: 8 months ago.
Category: Legal
Expert:  Law Educator, Esq. replied 8 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
For starters the issue is you either want accommodation or not. If you seek to minimize your disability then you risk being denied any accommodation because they don't think it severe enough to warrant accommodation. What you are missing too is once you notify them of the disability and ask for accommodation then any actions they take against you that you can show are related to your disability is a ground for lawsuit against them. So your insurance as you put it is your proof of disability and your accommodation request because as soon as you make it any different treatment towards you would be interpreted as retaliation or harassment. You are over thinking this and going way out of the way for something that is not as complex as you seem to have it made out to be.