Hi, My name is XXXXX XXXXX X’m happy to assist you with your question today. I’m sorry to hear about this.
The key now is whether your disability physically endangers other employees versus just making them uncomfortable. The Americans with Disabilities Act (the ADA) requires that an employer allow you to work if you can do the job with or without an accommodation. One exception is that the employer is not required to keep people on if they are a hazard to the health and safety of customers and co-workers. Your scenario does not sound like you are a danger to health and safety.
If it ends up you are terminated, I'd highly recommend you file a charge with the Equal Employment Opportunity Commission (the EEOC) for disability discrimination. The EEOC will investigate the matter, attempt to resolve the matter, and possibly bring a lawsuit against the employer if it fails remedy the discrimination. You can learn how and where to do that here.
James,Yes, you'll have to wait and see the ramifications of this investigation. You technically have not been harmed yet because you are still being paid and have a job, but just are on leave. If it results in some harm - e.g., termination, demotion job change. Then you have a case, which I'm sure you'd have in that event.Hope this helps. Let me know if I can be of further assistance. Thanks.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).