Can an Employer Treat an Employee as Having Made an ADA Request, No Request Made

[dreamcatchr]

My question involves labor and employment law for the state of: New Mexico

I've got what might be an unusual question. Can an employer treat me as an American with Disabilities if I do not believe I am ADA qualified? In other words, ADA is covered for protection under the law, but I believe I just have a serious medical condition (severe back pain, two separates injuries). My boss has prevented me from working and is constantly harassing me, breaking Fmla regulations and business policies (I have had to fight quite a few infractions and have gotten their initial decisions over turned because both the law and business policies were in my favor) . I have never been medically diagnosed as ADA, but then according to some of the information I have found on line, it is possible. However, my question is, just due to a serious medical condition, does my employer have a right to discriminate against me and treat me as I am disabled? I honestly started believing I actually was, hence the googling on checking to see if I was. Is this situation protected under EEO? I have had no luck finding that answer.

Thank you for your responses!

[cbg]

The definition of disabled under the ADA is set by Federal law. So is the definition of a "serious health condition" under FMLA. It is possible for the same individual to be covered under both; it is also possible that he is covered under one but not the other. For example; an individual with pneumonia or a broken leg would be covered under FMLA but not the ADA; an individual who is missing an arm is covered under the ADA but not FMLA. An individual with certain forms of cancer could be covered under both.

An individual with a serious health condition under FMLA is entitled to up to 12 weeks of unpaid medical leave with job protection. An individual who falls under the ADA is entitled to a *reasonable* accomodation to allow him to perform the essential functions of his position. The two laws occasionally touch, but they have two different purposes and accomplish two different things.

However, you have not provided enough information to say whether you do or do not fall under either, or whether or not your employer is violating either law. Can you provide some detail?

[dreamcatchr]

Thank you for responding. I'm sorry, I must not have been clear. I am the employee and my question is, can an employer treat me (negatively) as a person with a disability if I do not have one. Is something like that covered with EEO as well as the protection of those with a disability?

From my understanding, only my doctor can diagnose if I have a disability (i could be wrong about that), which I will be making an appointment with him soon. However, my supervisor keeps playing doctor and treating as if I do have a disability. I have been sent home without pay because of it, even tho I informed her I was perfectly well enough to work. It appears I am being discriminated against, but for my medical condition, and she has made me feel like a person with a disability.

Its a terrible feeling, being discriminated against, for one reason or the other.

[dreamcatchr]

From my understanding, only my doctor can diagnose if I have a disability (i could be wrong about that), which I will be making an appointment with him soon. However, my supervisor keeps playing doctor and treating as if I do have a disability. I have been sent home without pay because of it, even tho I informed her I was perfectly well enough to work.

Actually I need to make a correction. I'm looking over all the various paperwork i have from work regarding this situation, and my employers own doctor (whom I had to see one of the times my supervisor informed me that I was too ill to work) has noted on their release that it is a permanent disability. I just now noticed that. That just may change this entire situation.