Legal Question in Disability Law in New York

Re: Being fired from a job due to medical reasons

You may have a case. The ADA has been a big disappointment to us all. So is the Federal Court in New York, which is slightly more conservative than Louis XIV. However, the good news is that the New York City Human Rights Law and the Commission on Human Rights are far more plaintiff oriented. There is a way to go into NYS Supreme Court under the Administrative Code which I prefer to a hosing in Federal Court by the Corp. Counsel, relying on all the bad precedent under the ADA. The City and State are not bound to follow them and can have less restrictive and better rulings for a plaintiff like you ( see Colorado Anti-Discrimination Commission v. Colorado Airlines, USSCt. ). There will be a threshold argument that Chrone's disease is not so bad that it impacts on a major life activity. This is usually made by people who do not HAVE Chrone's Disease. A well known legal phenomenon. I have had several clients who have the disease and know how debilitating it is.

Re: Being fired from a job due to medical reasons

The Americans with Disabilities Act ("ADA") mandates that employers make "reasonable accommodations" to people with disabilities, as long as the employee can perform the basic functions of the job. It sounds to me that permitting frequent use of the restroom is and should be a reasonable accommodation, given your Crohn's disease, a disease from which, incidentally, my wife also and unfortunately suffers.

Before you can file a suit against your employer, however, you must follow certain administrative procedures. In other words, you must give the EEOC (the Equal Employment Opportunity Commission) and the NY Human Rights Comm'n an opportunity to resolve the dispute. There is a very short statute of limitations in order to do so; therefore, you do not want to delay in filing your grievance.

If what you say is true, that your employer terminated you from too frequently using the restroom, given your condition, it is outrageous.

-- Kenneth J. Ashman; Ashman & Griffin, LLC; [email protected]; 212-581-9700.