How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask LawTalk Your Own Question
LawTalk
LawTalk, Attorney
Category: Employment Law
Satisfied Customers: 36738
Experience:  30+ years legal experience and I keep current in Employment Law through regular continuing education.
15277592
Type Your Employment Law Question Here...
LawTalk is online now
A new question is answered every 9 seconds

I have macular degeneration in my left eye. i run digital

Customer Question

I have macular degeneration in my left eye. i run digital printing equipment . My employer has written me up 2 times in the last month , the next time I will be terminated for not catching defects in my work .They have written documentation from my doctor about my eye desiese , can they legally fire me ?
Submitted: 8 months ago.
Category: Employment Law
Expert:  LawTalk replied 8 months ago.

Good afternoon,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today.

Under the ADA guidelines, you may well 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 to your employer for their consideration via a written recommendation from your physician.

You may begin by filing a formal complaint of discrimination against the employer with the Department of Justice at:
U.S. Department of Justice

***** NW
Civil Rights Division
Disability Rights - NYAVE
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(###) ###-#### EEOC website: www.eeoc.gov

You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

I hope that I have been able to fully answer your question. As I am not an employee of JustAnswer, please be so kind as to rate my service to you. That is the only way I am compensated for assisting you. Thank you in advance.

I wish you and yours the best in 2016,

Doug

Expert:  LawTalk replied 8 months ago.

Hi,

This seems like a very crucial matter for you, and your questions and issues suggest that an in-depth conversation might best suit your needs. If you are interested, for a very nominal charge I can offer you a private phone conference as opposed to continuing in this question and answer thread which is searchable and viewable by the public.

Please know that I answered your question in good faith, providing you with the information that you asked for, and I did that with the expectation that you would act likewise and rate my service to you. If I have already provided you with the information you asked for and you have no additional questions, would you please now rate my service to you so I can be compensated for assisting you?

Thanks in advance,

Doug