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.


Asked on 3/15/99, 8:17 pm

1 Answer from Attorneys

Barbara C. Johnson Law Office of Barbara C. Johnson

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


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Answered on 3/31/99, 3:38 pm


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