Legal Question in Disability Law in District of Columbia
Dismissed due to hypoglycemic reaction/misconduct
I am an brittle, insulin dependent diabetic, i was terminated on 1/2/01, due to hypoglycemic reaction. I had informed employer of condition with letter from doctor, informing them of my unpredictability and severity of condition.
Employer stated that profanity was used & the reason for termination was due to profanity, not hypoglycemic reaction. I had a blood sugar of 33. Unaware of whether profanity was used. I have filed suits with the office of human rights & also eeoc. Currently working w/ dc employement justice center seeking probono or contingency lawyer. Time is of the essence. Eeoc letter received august 30, statute of limitation is november 30. Please help...Desparately seeking attorney asap. Will provide copy of affadavit & right to sue letter.
1 Answer from Attorneys
Re: Dismissed due to hypoglycemic reaction/misconduct
Serious diabetes can be considered a disability under the DCHRA and the ADA, although there is some wrong-headed authority out there that since it is usually controllable it might not be. But yours sounds like you may have a claim, particularly if you can show that your hypoglycemia caused you to lose control and utter the profanities alleged.
Although I only rarely take such cases on contingency, I would be happy to review your case. Please email me with the identity of the parties so that I can be sure I have no conflict, and then I'll take a look at the documents.
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