Legal Question in Employment Law in Pennsylvania

Re: Discipline Without Cause

You asked about potential discrimination.

Depression is often misunderstood and you may have found out about that firsthand. Now that you have you must follow up fully let the cat out of the bag.

The Americans with Disabilities Act provides that persons with disabilities may not be unlawfully discriminated against. That doesn't translate to untouchable status, but as long as a person can conduct the essential functions of the job with or without accommodation then the employer must make reasonable accommodation to allow the employee to perform his/her job.

The entire area surrounding disability employment law is mired in contention and is often litigated. Both parties should want to avoid litigation at any cost.

In order to take advantage of the ADA then an employee must take certain steps. You need to speak with a lawyer that can guide you as to how to determine if you may be subject to the protections of the ABA, and if your employer is covered by that law or others. You should do this before any adverse action is taken.

This isn't meant to suggest that someone takes unwarranted advantage of the ADA but rather that a person who is protected by the law takes the steps necessary to be protected by the laws.

Regards,

Roger