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Category: Business Law
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I suffered a Ischemic Embolic stroke June 2007 when I was 44

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I suffered a Ischemic Embolic stroke June 2007 when I was 44 y/o. It is difficult for me to keep up with my work as an operations manager now as I lost some cognitive abilities. I started suffering from depression about 8 months after my stroke once i became self aware of my loss of mental ability. I have increasing anxiety about losing my job. The company to date has been understanding but we were recently bought out and i am concerned that they will fire me for some type of cause. I have been with the same company for 26+years
Submitted: 7 years ago.
Category: Business Law
Expert:  INFOLAWYER replied 7 years ago.
Thank you for using   I have reviewed your question and have the answer for you.   
Title I of the Americans with Disabilities Act of 1990 prohibits employers from discriminating against qualified individuals with disabilities in job application procedures, hiring, firing, advancement, compensation, job training, and other terms, conditions, and privileges of employment.   It applies to employers with 15 or more employees.

Per the eeoc, an individual with a disability is a person who:Has a physical or mental impairment that substantially limits one or more major life activities.    

An employer is required to make a reasonable accommodation to the known disability if it would not impose an "undue hardship" on the operation of the employer's business. Undue hardship is defined as an action requiring significant difficulty or expense when considered in light of factors such as an employer's size, financial resources, and the nature and structure of its operation.In other words, an employer is not required to lower quality or production standards to make an accommodation
To file a complaint with the eeoc, see this link
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Customer: replied 7 years ago.
So can they fire me for performance or some reason even though I have good performance appraisals thus far? I am a manager responsible for Engineering, production and maintenance - 5 managers report to me or a plant staff of 18 and we have 154 hourly employees
Expert:  INFOLAWYER replied 7 years ago.
For performance they can but if the reason is not performance but used as a guise for the true reason as discussed above, it is illegal.

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