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  1. #1
    Join Date
    Jun 2011

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

    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!

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