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Possible ADA discrimination

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  • 05-16-2005, 07:43 PM
    mselam12
    Possible ADA discrimination
    I recently posted a question about advanced sick leave from my job(Fed Govt) and was denied by my supervisor and our HRO office.
    Since I requested that it came to the attention of my supervisor's boss and he was instructed to write me up for excessive abscences, to include the nearly 3 weeks I was out under doctor's orders. Almost all of the abscences were because of my medical condition, or my wife and daughter's whom both suffer from epilepsey with grand mal seizures.
    I have been diagnosed with panic disorder, generalized anxiety disorder and depression. I am in treatment and on medication for these. In my write up or counseling as we call them my job was threatened if my attendance did not improve etc. I have provided documentation of my condition to my employer as well as HRO against my better judgement.
    Am I being discriminated against, and or is this a violation of the ADA?
    Do I have any recourse?
  • 05-16-2005, 08:36 PM
    aaron
    Absences from Work & ADA
    The issue of missing work for illnesses of others in your family would fall under the Family Medical Leave Act (FMLA), and would require that you follow proper procedure for obtaining leave, assuming you otherwise qualify under that Act. For you to claim disability under the ADA, you would have to establish both a qualifying condition, notify your employer of that condition, and request reasaonable accommodation.

    Given the circumstances of your case, you would benefit from consulting with an plaintiff-side employment lawyer in your state about (a) whether you have a claim based upon events to date, and (b) how to protect your rights.
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