Legal Question in Disability Law in Nebraska

Re: Multiple health issues in a At-Will state

The ADA protects people with disabilities from discrimination. A disability is defined as substantially limiting one in the daily activities of living. Endometriosis, or any number of diseases, disorders or syndromes will not automatically qualify a person as disabled under the ADA. The Courts are developing a more narrow standard on disability than some people anticipated when the ADA first went into effect.

The second question is whether you are capable of performing the tasks of your job given a "reasonable accomodation." What is a reasonable accomodation is also something the courts are continuing to narrow down. Briefly, if it is possible for you to do your job with some mechanical aids, or adjustments to how the job is done, without unreasonable cost or without making the work impractical, the employer must make those adjustments. Examples would be a orthopedic chair for an employee with a chronic back problem, or allowing a cashier to use a stool for leg problems, or even allowing flex time for a person who couldn't work a shift straight through. Perhaps the person would start work early, take a long lunch break and work late so that they worked a full 8 hours, but spread it over 12 hours of the day for example.

You should seek to get the training you need for your job, and tell your employer you don't know how to properly do whatever it is that that you believe it too much risk. The employer has the right to change the duties of your job. They can also discharge you if you cannot do your duties, either old or new. They cannot ask you to perform dangerous activities without proper training and safety measures. If you think this is a serious issue you should consult the local OSHA office. (Occupational Safety and Health)

You seem to indicate that perhaps you can't work at all, due to the combination of symptoms and limitations you have. You should consult with your doctor and explore the possiblity of applying for social security disability, and check if you are covered by any sort of disability insurance through your job.

After you have collected medical information and advice; you should speak with an attorney who handles social security disability and employment issues. If your medical conditions were caused by or exacerbated by your work, worker's compensation may be available. If your conditions taken together prevent you from maintaining employment in the national economy given your age, education and work skills you may be eligible for social security. If the changes to your job are really an attempt to get rid of you because your are disabled or your employer thinks you're disabled, you may sue under the ADA. Good luck, and I hope you return to good health.