Legal Question in Employment Law in Florida

Prescribed usage of Oxygen in the workplace

I am a 46 year old male, i work at a desk job for my local county government. In addition to weighing approximately 500 pounds, I suffer from asthma. There are instances at work when I have to leave my desk and walk down a hall..to the bathroom, other offices, etc. I do have oxygen prescribed by MD to use as needed, however, when my new Superviser learned of this, she told me ''no, don't bring that in, we would have to get the safety people involved''. She could clearly see that I was in distress and out of breath, which is how the conversation ensued. Is it legally wrong for her to disallow me usage of my oxygen at work? Is this considered discrimination? And if so, what should I do about it? I have been on this same job for 24 years, waiting for my 30 year retirement from the State of Florida.


Asked on 4/24/02, 6:59 pm

1 Answer from Attorneys
Anne Terry Law Office of Anne Curtis Terry

Re: Prescribed usage of Oxygen in the workplace

First of all, do what your doctor tells you, in regard to oxygen use, even if that means taking sick leave. The FMLA may apply. Ask your personnel/HR office about that. Second, inform your EEO or HR office of this serious situation, and your need for accommodation in the workplace pursuant to the ADA and state law. Also, as soon as possible contact either local counsel or the closest EEOC office and speak to an intake counselor. Limitations periods are short for beginning such claims, so act promptly to preserve your legal rights.

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Answered on 4/25/02, 8:27 am


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