Legal Question in Disability Law in Nebraska
Chemical Imbalance Discrimination??
I had to leave the workfloor because my bloodsugar had dropped severely, putting me into severe shaking and coldsweat. I have a bad chemical imbalance that has grown worse. My boss chewed me out while I was on break for leaving the floor and not telling him. I told him that I had let one of the people on the floor know where I was going, as it was an emergency. I also told him that the other bosses knew about it and said that my needs would be met, as they do not put a lot of demand on the boss. I got a warning which I was told would be presented to me next time I was in, and that was one step to the termination process. Another warning would get me a suspension..and so on. Even after I told my boss what my disability was (I have read "A person is considered disabled if He/She has a physical or mental impairment limiting a major life activity.") My chemical imbalance gets so bad, that it does limit what I can do, work being a major life activity, and I feel that my boss' not excusing my warning of possible eventual termination was a discrimination against my problem, and would like to know what, if anything, can be done about this.
Write me if you can help me out.
1 Answer from Attorneys
Re: Chemical Imbalance Discrimination??
First, go to a doctor for a physical. Neither
your employer nor any court is going to deem your
complaints worthy without medical confirmation
of your physical condition.
Next, have your doctor write a letter confirming
your condition and stating the "reasonable
accommodation" you require in order to
perform the "essential functions" of your job.
Third, make a copy of that letter.
Fourth, give it to your employer.
Fifth, if you and your employer do not agree
(1) that the accommodation you request is
"reasonable" and
(2) what the "essential functions" of your job
are, consult a local attorney who concentrates
his or her practice in employment discrimination
law.
Sixth, if you do not know such an attorney,
open the yellow pages and let your fingers do
the walking.
Barbara C. Johnson
Law Office of Barbara C. Johnson
6 Appletree Lane