Legal Question in Disability Law in Georgia
About to be fired b/c of disability (can i sue)
I have worked for a fortune 200 compamy for a little over 2 years. While employed there i have fallen ill often for many different reason.. I have seen many doctors and have been diagnosed with OCD, Irritable bowel syndrome and
migraines. I spent most of my time out due to OCD(obsessive compulsive disorder.) I also spent some time in a mental health ward because of this illness.. I have ran out of FLMA time yet my migraines are recurrent because
I have an allergy to the meds(zomig and imetrex to which relieve migraines.) I am on final notice at work.. All my doctors have submitted all the necessary paper work to my employer explaining my disabilities yet they
still state next time I call out I will get fired, which may be today since I had another migraine... I asked them what about the ADA they said basically that has noting to do with me and I am basically stuck .. I have
read my conditions are covered by the ADA and I am currently still getting treatment. I feel I am going to get fired illegally.. Please call me if this
is not clear because I really need legal advice. Basically I feel if get fired here b/c of my disability I can never work cause I will get fired all the time.
1 Answer from Attorneys
Re: About to be fired b/c of disability (can i sue)
You are correct only to the extent that your disability(ies) are almost certainly covered disabilities under the ADA. However, ADA only protects those workers who can perform "all the essential functions" of the job, with or without a "reasonable accomodation." The employer is not required to lower productivity or attendance standards (except for FMLA) to accomodate the disability of the employee. The employee can request the employer to grant a "reasonable accomodation" to assist him/her in meeting those productivity and attendance standards, but the employer is not required to lower them. Basically, ADA protects disabled workers from the stigma and stereotypes associated with disability, but does not grant them a right to lower performance or attendance standards than non-disabled employees. So, it sounds like your employer is right when it says ADA does not apply here. I suggest that you contact your physician(s)immediately to see if they can do anything for you to give you immediate help in getting to work regularly and working efficiently. If you want to protect your job, you are going to have to find a way to immediately meet your employer's demands.
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