Legal Question in Disability Law in Tennessee

ada form

I have worked for wal-mart pharmacy for eirhteen years. I started when i was 17. At the age of ten I was diagonised with diabeties. Over the years i have had many lazer surgerys and lens replacements . while being biabetic is not a dissabilityi was recently ask to fill that form out for my file. this was due to my using the store's open policy to hopefully resolve a problem .Due to my diabeties my eyes come with restrictions of not driving at night. Ever since this problem occured wal-mart has worked with me and my hours. Several months ago we got a new pharmacist of 27 years old . She started changing my hours by the old timers alamac as to the sun up and sun down. since our open door policy the work environment has worsened. Upon a meeting with her manager he said that since the A D A form was denied she could find a way to work . Her hours are beign denied and if she gets any hours her family will have to provide her a way to and from work because of the restrictions of not being able to drive at night. My question is since they already knew the ADA for diabeties was not a dissability and they had accomodated her for all these years would her eyesight restrictions be a dissiability? an employee w/simular prob.is accomodated.


Asked on 12/26/08, 12:12 pm

1 Answer from Attorneys
James R. Becker, Jr. Becker Law Firm

Re: ada form

If she cannot drive at night, then her eyesight issue may be a disability. Additionally, the ADA is changing effective January 1 to encompass many conditions that were "disabilities" but were written out of the law by the U.S. Supreme Court. Therefore, before anyone reaches the conclusion that the condition is not a disability, you may want to consult with an attorney to go over your situation. This will certainly affect the outcome of the dispute with your employer.

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Answered on 12/28/08, 11:54 am


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