Legal Question in Disability Law in Minnesota

Threatening Job Loss for Medical Problem

Over the course of my employment, I have developed severe inflammatory arthritis (psoriatic/rheumatoid) which has included chemotherapy, steriods, antiinflammatories (up to 23 drugs per day) and has also resulted in vision damage/glaucoma/early diabetes/surgical complications and job performance limits. My employer is now threatening to put me on probation, has said I can no longer attend medically necessary appointments which occur during the workday and has threatened my employment with the company. Is this legal? What is my recourse?


Asked on 6/01/99, 11:18 pm

1 Answer from Attorneys

Dymond Steven Steven H. Dymond P.C.

Re: Threatening Job Loss for Medical Problem

I offer no legal opinion based upon the limited facts presented. However, if you are disabled under the ADA, that is precluded form a class of jobs due to a disability ( and it sounds as though you are) then you need to request in writing accomodation under the ADA ,and be prepared to file a chare of retaliation if you are terminated or denied the accomodation. Be sure to doe this in writing so you can prove you made the request.. You may also wish to inform the company of the nature of your disability. If your condition has arisen form work related duites, then you may have a claim for workers compensation.. you need to speak with local counsel to get competant legal advice. I cannot tell whether you would be covered under the ADA. You are protected form retaliation for requesting an accomodation even if you are not covered under the ADA, i.e the company cannot punsih you for asking. The company may hold you to certain attendance requiremetns, and those requirements may be altered as an accomodation to you if it does not pose an undue hardship on the company, i.e theres some way that you could perform your job and still attend therapy. It is also important to establish (by your own research) that non-worling hour treatments are not available or otherwise impracticbale (such as a fifty mile drive for example) Good Luck

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Answered on 6/03/99, 1:05 pm


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