Hello,Thank you for the information and your question. Although it is permissible in some circumstances to terminate or discipline an employee for absenteeism, even if they have a disability, unless they qualify for FMLA
, an employer may not lawfully terminate an employee simply because they anticipate issues or because they have a disability. Your employer made all sorts of mistakes in your case that will likely make them liable for violation of the ADA
and NYS disability laws. The first mistake was to ask you if you got sick often. An employer can only ask if the employee will be able to do their job. Also, her statements about you being sick and worrying about the future, likewise violate the law. If you have not filed a formal complaint with your employer's HR or EO office, you should do so. You would want to file no only for disability discrimination
per se based on her statements and action, but also under the reasonable accommodation rule under the ADA. The reason for the latter is that there can be an exception for attendance if the employer can provide a reasonable accommodation by way of more time off without causing and undue hardship on the employer. That means that the employer must make that determination, which it is pretty clear she did not. If your HR Department does not resolve this in a manner you think is reasonable then, at that point, you can file complaints for disability discrimination with the State and the EEOC
and might also want to consult with a local employment law
attorney who might advise you that filing suit instead of waiting for action from the agencies I mentioned might be advisable. You would still have to file a complaint with one of the agencies, but just not wait for them to investigate. Please let me know if you need any clarification.