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  1. #1
    Join Date
    Apr 2010
    Posts
    3

    Default Employer Would Not Offer ADA Accommodation

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

    I believe I have a claim under ADA. My employer would not accommodate my reasonable requests that would have allowed me to continue in my employment. They gave me formal warnings for issues that were a direct result of my disability. This resulted in my being turned down for employment in other departments. Effectively ending my career there.

    My disabilities became worse and my medications helped less and less because of the conditions I was working under. My doctor signed me off and has kept me off for over five months. MY FMLA has run out and I received a letter from my manager stating that they wouldn't be able to keep my job open due to 'pressing business need'. But I have qualified for LTD under the company so I will continue to be eligible for health benefits for next 24

    This is a department of 150-200. It's collections. There is no pressing business need. They are hiring and firing every week.

    I am about to finish up my EEOC application and get it off to them this week. Am I following the recommended route?
    Should I go straight to an attorney?
    I read on here someone approached their HR department and made a discrimination charge through them. Should I do that? (I have been to HR before and that just caused more problems for me on the job.)

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Employer Would Not Offer ADA Accommodation

    I can't address your ADA claims as I have none of the relevant information. If you believe your employer has violated your rights, consider consulting a plaintiff-side mployment lawyer.

    I'm also not sure what the balance of your claim is - are you stating that you are being denied leave time under the FMLA? That your leave time is expired and your employer won't hold your job open now that your FMLA leave is over?

  3. #3
    Join Date
    Mar 2007
    Posts
    9,096

    Default Re: Employer Would Not Offer ADA Accommodation

    There is no law that forces an employer to keep your job open for longer than 12 weeks.

    When you had your illness ADA validated, did you show the resultant paperwork to your employer?

    Only one disease is an automatic ADA candidate. Any other must be validated.

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