Legal Question in Disability Law in

Chronic pain & employment question

I'm a 24 year old woman who has held a job in computer services at a local hospital for over 4 years. I have a chronic, intractible pain condition.

I am as yet in a contract position. My place of employ usually extends a full-time position to contract employees after two years. This has not been forthcoming for me.

I have not had a raise in 3 years, and am currently making the same wage as a typist. I know others who do less than I do in the department are making much more.

I sometimes have to miss days because of the pain and neurological effects related to my disability, and my boss has said that this is the only reason I have not been treated like the other staff. I have no control over the pain problem, and very little accomodation has been made for me in my work. Do I have a case for disability rights violations against my employers?

Thanks,


Asked on 6/12/00, 12:57 am

1 Answer from Attorneys
John Hayes The John Hayes Law Offices

Re: Chronic pain & employment question

You do have a claim for discrimination in California, but I do not know about your state. There are several bills that have been passed to protect employees with chronic pain. I assume you are being treated by a chronic pain specialist. He should be able to help you find out what kind of laws protect you in your state. There are also Federal laws that protect you. I would contact your local county bar association and ask for a referral to a lawyer who specializes in ADA cases. You should be able to get a free consultation. Hopefully, both your doctor and an attorney can help you find out what laws apply to your case in your state and what federal laws apply. Right now, I believe, chronic pain is considered a disability under the new federal ADA laws. Talk to your doctor and an attorney who specializes in ADA. I hope I have been of some help and at least given you a place to start and some hope.

Sincerely,

John Hayes

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Answered on 7/31/00, 5:51 pm


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