Legal Question in Disability Law in New York
My husband was diagnosed with Stage 4 Colon cancel 2 years 8 months ago. He has worked for Con Edison for 33 years. For the first 30 years he never took a sick day. When he was diagnosed with the cancer he had major surgery and then 6 months of aggresive chemotherapy. He was out of work on disability for 9 months. He returned to his job with no restrictions. 6 months later the cancer returned and he has been on chemotherapy for the last 17 months. He has a port and receives chemo treatment for 3 days everyother week. He goes to work when on his chemo therapy with a pump. The management at Con Edison in the last 2 months has made it almost impossible for him to function. They constantly harrase him, coments have been made by his district manager about his chemo pump, (calling it lighter fluid) constantly looking over his shoulder critizing his job performance. He has worked in the same job and office for 21 years. Accusations are made regarding job performance, he is told he cannot go to the field to do his job when he is scheduled for chemo treatments (even though the oncologist has said he is quite capable of functioning). What recource does he have. This is just adding to the stress that he already has with dealing with his cancer, it seems as if the Con Edison management are attempting to force him out.
1 Answer from Attorneys
Your husband may have a claim under the ADA because it appears -from your facts- that they are refusing to make a reasonable accommodation. Please visit http://EEOC.Gov then call my office. Best wishes.