Legal Question in Employment Law in Georgia

Disability Discrimination?

I am a severely disabled, wheelchair bound employee of an educational institution and I am concerned that I may have been and continue to be discriminated against. I have been a dedicated employee for almost 4 years and I have constantly dealt with harassment from my adminstrator about issues that deal with other employees but they were never contacted or disciplined. Recently I was out sick for two days and my administrator has asked me to provide written documentation to prove that I am not lying about my absence. I do have documentation stating such, but is the request and the constant harassment toward just myself warranted or should I file with the EEOC? I also have been asked by my employer to give other potentially disabled employees advice on diffent teaching methods because my employer was too afraid to approach the situation.

Thanks


Asked on 7/17/03, 9:52 am

1 Answer from Attorneys
Wayne Wisong Wayne Wisong, Attorney at Law

Re: Disability Discrimination?

You may have a case under ADA here, but I would need to know more to be sure. There was recently a Supreme Court decision that expanded the potential of government agencies to be made to pay damages for ADA violations. I do not know whether your institution is public or private.

If you would like a preliminary assessment, please send a more detailed memo to me at [email protected]. Please include in it the following:

Have you requested a reasonable accomodation under the ADA?

Do you believe you have been performing your duties to the same level as a non-disabled employee in a comparable job? With or without reasonable accomodation?

Is your institution a public or private entity?

What is your employer's stated written policy on sick absences and is it more strictly enforced against you and other disabled employees than non-disabled employees.

More specific descriptions of instances of perceived discrimination.

A clarification of your next-to-last sentence (re different teaching methods).

If you want to get anywhere with EEOC, you will need to carefully draft a charge that points to specific instances, preferably with dates, so you need to sit down and put thoughts to paper if you are not keeping a log.

Are there any potential sympathetic witnesses other than you?

Let me know.

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Answered on 7/17/03, 11:04 am


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