Legal Question in Employment Law in New York

I propped my classroom door open, left 7 students working diligently, and went to get water

around the corner from the only other classroom in the basement so i could take my blood pressure medication and rehydrate. My blood pressure has dropped as low as 60/40 in the past. There are no phones, and I needed my medicine immediately. I was gone only a few minutes, and my new principal was talking to the tech guys near my room and said it was illegal to leave the class unattended, and wrote me up (meanwhile, if it was illegal why did he leave them alone?). I was weak, having trouble concentrating, keeping my balance, and trouble breathing (I am also a severe asthmatic) Heck I was so stupid from lack of blood flow to my brain that I forgot to take my cup- I had to borrow one from the other teacher. I was gone 3 or 4 minutes at the most (after taking my medication and drinking about a quart of water to end the symptons). From my research, it appears that he violated federal law as dictated by the Americans with Disabilities Act and EEOC. Do I have legal grounds to go after him and the school district?


Asked on 11/09/09, 9:52 pm

1 Answer from Attorneys
Locksley Wade Law Office of Locksley O. Wade

A one time event such as you described cannot be the basis of a claim for workplace discrimination. I would advise you to alert your supervisor that you will need to to take breaks at regular intervals (e.g. every two hours) to take your medication. By properly advising your supervisor about a possible reasonable accommodation for a covered disability under the ADA you will be covered for any adverse disciplinary action as a result to taking your break to administer your medication.

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Answered on 11/15/09, 8:16 am


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