Legal Question in Discrimination Law in Florida
discrimanted against eye condition
my job said they would change my job because the chemicals were making my cornea transplant infected they never did change position and i was told if i get some one from disability act or eeoc they will not change my job come back to work and work were i am and they will see what they can do but i worked over in that position and both times my transplant has gotten infected i had the transplant before i worked there but that was not on the application they say they do not have to accomadate me in any way and if i find someone or goto any one they will not move me now they have me out on fmla and they are waiting untill my time run out so they can fire me i only have 12 weeks they also asked my doctor for my records and she faxed them to the doctor now they are sending me a consent form to fill out but for my records i should have gave that to them first before they recived my records now i cant take care of my family and i have seen them do it for others they have went to jail and there job was saved they filed out paper work that was to be singed and requested before the date but they did it and then singed it with the date like it happened that day the eye diease is called keratoconus with out contacts i am legealy blind.
1 Answer from Attorneys
Re: discriminated against eye condition
You have at least two good claims, both of which can be filed for free without an attorney. First, asking for info from your doctor without consent violates both the FMLA and ADA.
Do not sign the consent form now, or, if you are forced to in order to keep your job, make sure it is not backdated.
Second, the failure to accommodate you may be a violation of the ADA. (You don't say what chemicals and whether it is reasonable to ask the company to stop using them, so I can't talk about that.) That depends on whether you are disabled by law, which is being substantially limited in a major life activity, such as eyesight/seeing, as compared to the general population. If you can see fine with contacts, the company could argue you are not disabled, but if you are legally blind without them, it is a tough argument.
Assuming you are covered, the company has to make reasonable accommodation. That does not mean anything you ask for, or even one thing that you ask for; it means making it possible for you to do your job. For example, a person might want a $1200 ergonomic chair to help with scoliosis, when a back cushion would do.
You should file a complaint under the ADA with the EEOC (eeoc.gov) or Florida Human Rights Commission, and an FMLA complaint with the US DOL (dol.gov). If the company does anything to you after you file, that could be retaliation and a separate violation of both laws.
You should also make a reasonable, diplomatic request for accommodation. Explain the medical condition, the problem, what the doctor says, and what you suggest you need. Don't make accusations or complain about what the company has done for others. If they do not help at that point, then proceed with the legal complaints and let the company know (HR and your manager) when you have filed them (actually filed - not just called) so they know not to retaliate against you.
Also, if the chemicals injured you at work, you can file a workers' comp. claim.
Understand, all these claims are complicated and there is no guarantee of winning a lawsuit. But you have legitimate claims to make and both EEOC and DOL will investigate your charges.
If you need to hire an attorney, feel free to email directly to me.
Good luck with your eyes and the job!
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