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Hi! I am an elementary teacher who was a former Director of

 

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Hi! I am an elementary teacher who was a former Director of Education, Supervisor of 10 school districts for special education, and an Early Childhood Principal and was awarded a 1.2 million dollar grant to renovate the center for children who were mainly medically fragile. I have also taught special education and regular education classrooms. A little background to lead to my current problem position. I ama special education teacher not by my choice but the principals. I was teaching regular education when I hada car acccident and was out for 2 years. I worked overworked in rehabilitation to return in 2 years so that I could return to the same school. She placed me in special ed. this year and have only behavior disorderd students. In addition, I am severly allergic to corn and popcorn. The principal continues to bring in dishes with corn or chips/popcorn. I asked for a meeting with her boss and I asked thisw demonstrative person in a gentle way--What don't you understand about that I am not only allergic byt severly allergic to corn? AND this past week she brought in the dishes, reheated,... and I ended up in the ER 3 times. Two from her and once from Walmart's popcorn trying to get my epipens renewed. It appears this is intentional. I never had any conflict until the accident and this popcorn/corn issue. AND the allergist says with every incident it will become progressively worse. Not so good for my health. I have a psychiatrist for medications and he wrote a letter that I will not return to that school due to medical reasons. I am the most senior and the most costly. She wants me out no matter how good or bad that I am and no matter how vindictive or Bullying she can be. Question--She doesn't know it yet but essentially I do no have a job for next school year. What are some legal optioins? I usually want the smooth route but I need a job just not in that buildinig with that type of tension.Lastly, she doesn't know but over the past few years I have needed to spend time a locked facility for depression and medication change. It almost felt like a vacation because I didn't havve her haunting me. This has been going on for 5 years. How might ADA figure into this? Thanks for your help ahead of time. Pat

 

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State/Country relating to question: Kentucky

Already Tried:
mEETING WITH HER BOSS DISCUSSING WITH THE PRINCIPAL AND SHE DENIED SHE HAD NOT POSTED PREVENTATIVE SIGNS BUT THE SIGNS WERE OUT OF SIGHT. A SIMPLE ACCOMMODATION- SIGNS JUST LIKE PEANUT ALLERGIES BUT SHE REFUSED AND ONLY POSTED WHEN BOSS TOLD HER.

Submitted: 348 days and 1 hours ago.
Category: Employment Law
Value: $25
Status: CLOSED

Accepted Answer

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Expert:  JackJD replied 348 days and 1 hours ago.


JackJD :

Hello, my name is XXXX, XXX l will try to answer your question.

The Americans with Disabilities Act protects you from an adverse employment decision based on your allergies, provided you have requested a 'reasonable accommodation.'

In my opinion, prohibiting others from bringing into the workplace allergens, is a reasonable accommodation.?

My first question, how well is your documentation? Did you request in writing the signs?

JackJD :

My second question is, are you currently out of the school, per your psychiatrist's letter?

Expert TypeLawyer
Category: Employment Law
Pos. Feedback: 97.2 %
Accepts: 148
Answered: 5/15/2012

Experience: I've been in practice 30+ years, concentrating in family and employment law. I enjoy helping people.

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