I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today.
Before you consider legal action, you must approach your employer and propose a list of one or more accommodations that you would like implemented based on your disability to assist you to do your job. Suing for discrimination is not just about having medical issues that you believe render you disabled. You must actively seek specific accommodations and then be unreasonably denied those accommodations. However, your symptoms do appear to qualify you as disabled and you can easily do this along with your doctor. Let me explain.
Under the ADA guidelines, you clearly appear to be disabled,and as such the employer has the legal obligation to grant you reasonable accommodations which you request.
A refusal to make a reasonable accommodation for you, presuming that your physical and medical condition qualifies as a disability under the ADA guidelines, would be a violation of law, and give you a cause of action including wrongful termination and discrimination.
Under the ADA guidelines, a person is considered disabled if they have a physical or mental impairment that substantially limits one or more of the major life activities. Recently, some new sections were added to the ADA regulations which provide even greater protections for the employee. One such section, 1630.2(j)(1)(iii) holds that the issue of “substantially limited” in a major life activity “should not demand extensive analysis,” and goes on to hold that comparing an individual’s performance of a major life activity to the performance of the same major life activity by most people in the general population “usually will not require scientific, medical or statistical analysis.”
As a result, proving a disability is a bit easier, and the remedies for a violation of your rights are several.
Speak with your doctor about what accommodations they believe might be in your best interests and then present several possibilities, in writing, to your employer for their consideration.
You may begin by filing a formal complaint of discrimination against the employer with the Department of Justice at:
U.S. Department of Justice
Civil Rights Division
Disability Rights - NY AVE
Washington, D.C. 20530
You may also file a lawsuit in Federal Court against the employer.
Finally, you may file a disability discrimination complaint with the EEOC(Equal Employment Opportunity Commission). If your company has 15 or more employees, they are prohibited from discriminating against you. To file a complaint with the EEOC, contact the nearest Equal Employment Opportunity Commission field office. To be automatically connected with the nearest office, call(###) ###-#### ***** website: www.eeoc.gov
Federal law specifically prohibits discrimination, based upon the Ethnicity,Color, Religion, National Origin, Age, Sex and Disability of an individual,with regard to hiring, promotion and firing.
After you file the complaint, your employer will be prohibited from any retaliatory action against you. The EEOC will investigate your claim, and 180days after the filing of the complaint you may ask for a "right to sue letter". The EEOC will issue you the letter which gives you the right to institute a private civil action against your employer and seek monetary damages.
Whichever route you may take, it would behoove you to consult with a local employment law attorney who handles discrimination cases. Perhaps with a sharply worded demand letter, you might get the accommodations you asked for as well as back pay if you lose pay based on the discriminatory actions of the employer.
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I wish you and yours the best in 2015,