Legal Question in Disability Law in Nebraska

Illness In The Workplace

I am a sales consultant and work on the phones a minimum of eight hours a day. I suffer from chronic laryngitis, and my doctor has restricted me from being on the phones until my appt. with an ENT specialist. During that time my job allowed me to do various things at work that didn't require being on the phones, which the head boss seemed to have aproblem with. Well after going to the ENT appt. I was diagnosed with having nodes om my vocal cords. I was prescribed a type of steriod that may help the nodes so that surgery won't be necessary, but meanwhile I am again restricted from being on-line until I go back to the ENT which is another week away. What my concerns me is that I don't have any personal time or anything at my my job right now and my boss is upset that I can't be on line and doesn't like giving me alternative job duties because he says I was hired to be on the phones and that's what I should be paid to do. From what I've heard from other coworkers he will attempt to get my fired. Would my situation be covered under the disability discrimination act?


Asked on 4/11/99, 6:21 pm

1 Answer from Attorneys
Barbara C. Johnson Law Office of Barbara C. Johnson

Re: Illness In The Workplace

A person with a handicap may request a reasonable

accommodation in order to perform the essential

functions of his or her job.

What you describe here sounds like an illness

which can be corrected by surgery or

pharmaceutical. That certainly, though, does not

relieve your employer totally. And you yurself have numerous alternatives open to you.

Can you take sick leave? Get disability income.

The employer's insurance company will then make efforts to rehabilitate and/or retrain you for another position if it turns out that you can no longer work "on the phone."

I suggest that you immediately retain local counsel to guide you through safely through a climate which can become quite stormy.

Good luck.

Barbara C. Johnson

Law Office of Barbara C. Johnson

6 Appletree Lane


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Answered on 4/20/99, 1:19 am


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