Legal Question in Disability Law in New York
Questions about ADA disability status for knee surgery
I just had knee surgery (acl reconstruction with an allograft) and have been receiving a lot of hassle from my company about my attendance at work. We have a fairly lax work from home policy (almost everyone does it now and then, including execs), and nothing that I do requires me to be in the office. I was more or less threatened with being fired on friday.
That being said, I've been getting hassled since 2 weeks after my surgery about missing time. I go to physical therapy 3x a week for about 3 hours each time. I was on crutches for 3 mos and paid for a cab to go to work for 4 mos (40$ a day). I still limp and cannot go down stairs, and can only walk for a short bit. Now they are asking me for a doctor's note, to prove that I actually need physical therapy. ACL reconstruction typically takes 6-9 months to heal if you're a pro athlete, and the doc says more like a year for me (and I will always have issues).
Does this qualify as a disability under the ADA? I've read up on it and it seems that it's up in the air. One ankle surgery with a metal plate qualified, but certain other surgeries are considered temp. Do I have any sort of rights at all, or any chance of this not being viewed as a temp disability?
1 Answer from Attorneys
Re: Questions about ADA disability status for knee surgery
The recent amendments to the ADA purportedly clarifies and amends the definition of a disability. Time may be of the essence in your case; therefore, don't waste it trying to figure out what some lawyers don't understand. It is perhaps best that you draft a letter (or e-mail)outlining your disability and the reasonable accommodation that you are seeking directly to the person designated as the EEO officer of your company. If they do not have an EEO officer then you should direct your request to a high ranking officer (president, vice-president or manager). You may not have a case but it is certain that you will not have a case if you don't ask for an accommodation. Best wishes.
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