Legal Question in Disability Law in New York

Disability

Long story short...worked for optical company 4 yrs. No longer there. Am diabetic...doctor wanted me to work 9-5:30 hours to control sugar - eat same time...Human reources sent letter to dr. who replied with his instructions. Company did not abide by his instructions - my sugar levels were not controlled! I recently left this job to take a job with regular (8-4) hours to take care of my health. My former employer did NOT follow the ADA laws and provide reasonable accommodation - their idea of accommodation was NOT what the doctor recommended and did more harm than good (my sugar was never in the normal range because the employer would keep me on differend work hours every day. When I was able to work and sleep at the same time each day, my sugar was normal...but, with the hours I was forced to work, my sugar was very rarely normal. I just lost a mother in law to diabetes and do not want to go through the same torture she did. My company, Davis Vision, did not obey my doctors instructions or follow the ADA laws! As I said, I am no longer with them. While I have been looking for a job with better pay, I only took my current one because of the hours and my health. What legal options do I have against Davis Vision?


Asked on 8/17/08, 4:40 pm

1 Answer from Attorneys
Mark S. Moroknek Kelly & Curtis, PLLC.

Re: Disability

Your question is not clear: you do not say what the company did offer to do, if anything. Basically, an employer is only required to make a reasonable accomodation to a disability.

That does not mean the company had to abide by your doctor's instructions, if they had another reasonable suggestion to achieve the same goal.

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Answered on 8/18/08, 12:50 am


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