Legal Question in Disability Law in Indiana
Cancer treatment
My father was diagnosed with metastatic cancer to the brain in March. He works for a large cable company doing field work. He immediately went on short-term disability and filed his FMLA paperwork. He has finished a large portion of his treatment, and his doctors have cleared him to return to work with restrictions (no climbing and some lift restrictions). He also has some radiation and chemotherapy to complete. The radiation can be scheduled early in the morning and the chemo is once every threee weeks or so.
His manager told him that he cannot come back to work until he is completely well and will not have to take any time off for doctors appointments or treatments. She also told him that the company will not make any accomadations for his job description, and he is not allowed to return until he can function 100% at his job.
His short-term disability expires soon, and he will have to go on long-term disability and COBRA, which he cannot afford at this time. He feels that they are trying to get him to quit and go on SSI. I feel that this violates ADA. He is hesitant to see a lawyer because of the cost, and because he feels his company is too large and has better lawyers. Any advice?
1 Answer from Attorneys
Re: Cancer treatment
While there is a provision in the ADA for "reasonable accommodation," it does not mean that there must be an accommodation. However, if there is a reasonable accommodation that can be made and the company refuses to do that, then they may be liable under the ADA.
The fact that the company has all these lawyers behind them does not mean he cannot prevail. The issue is whether or not he qualifies under the ADA and whether or not his facts are proveable.
I'd be happy to speak with him further, no charge for the consultation, and give him some guidance on what to do, if he's interested. There are some things he can do for himself that will be helpful. At the very least, he will need to file an EEOC complaint.
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