Legal Question in Disability Law in North Carolina
Do I have a legitimate ADA claim?
I've worked for same Corp. for 16+ years (numerous promotions & great reviews). I had CTS surgery (Worker's Comp) in 2002 then returned w/no restrictions. In June 2003 the CTS symptoms returned & was diagnosed with neurofibrosis (restricted from typing, repetitive arm movements and lifting 5+ lbs). Best case may eventually be released to type 1-2 hours/day.
I was told to work when no typing is involved or use FMLA. In July 2003 there were 35 hrs. not worked (addl duties not req. typing were available). In Aug I was taken off that project & given no work since (issues w/working partial days & being Exempt so it's ''easier'' if I don't work). Recv full pay under STD (6 months) then Worker's Comp will pay less than 2/3rds my salary.
Reasonable accomm. requested: voice activated software ($500) and duties req. limited typing (i.e., meeting facilitator, consultant, etc.). My manager ''reserves the right to revoke work that is inhibiting the project's productivity.'' I now must have neck surgery which could cause me to exceed the FMLA time allotment if not given work prior to it.
Does this qualify as disability discrimination and, if so, what steps should I take?
1 Answer from Attorneys
Re: Do I have a legitimate ADA claim?
Consult a disability attorney in your area. It's MUCH better to get problems and accomodations sorted out BEFORE they fire you than after. Having litigated these cases, I can tell you that with the sort of relief you're LIKELY to get by pushing the discrimination claim, you're better off trying to work it out before it comes to that. Relief, even for a good claim, could take YEARS.
Since you've been on the job so long, get a professional/lawyer to help look at the accomodations with your employer. Propose alternatives in WRITING, and get your regular treating doctor involved. His medical report will serve as evidence in litigation, and if he records attempts to work out a good solution and they reject it, then your case is much stronger.
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