Legal Question in Disability Law in Tennessee

Interstitial Cystitis

I have Interstital Cystitis. It is not curable and gradually worsens. The principal ignored two doctor's letters requesting that I have hourly bathroom breaks.(supervision of students in classroom). Both letters were ignored. I filed the 504 law. A plan was devised for hourly bathroom breaks. This plan was not honored by the principal. The next school year started and I had to file the 504 law again. Again, the plan was not honored by the principal. She kept taking the teacher assistants who were assigned to releave me for the 5 minute break. She began job harassing me after this. e.g trying to make me do job assignments that were not a part of my contract. She completely removed me from my job assignment with a decrease in supplemental pay. The harassment was so intense, I requested to be assigned to another school. I did follow protocol by talking to the principal, school board member, then the superintendent of schools. Nothing was done to help me. It was "swept under the rug!" What are my legal rights?


Asked on 9/01/00, 9:51 am

1 Answer from Attorneys
John Hayes The John Hayes Law Offices

Re: Interstitial Cystitis

This is more of an ADA case than a harassment case. ADA means the Americans with Disabilities Act. Under this act, empolyers must comply with reasonable requests for aid from employees with a disability. In your case, your disability required hourly bathroom breaks. The principal did not comply with the request. I recommend that you contact an attorney in your area that handles ADA cases. If you don't know where to find one, you can contact the county, or state bar association in your state, and request a referral to an attorney who handles ADA cases. Most attorneys offer free consultations, so you can at least sit down with one and talk about your case and your options.

In the meantime, start documenting everything, i.e. when the first request was made, when the initial arrangements were made for the bathroom breaks, when you complained, and who you complained to. Basically, when you speak to an attorney you can show him exactly what happened,and when it happened. I wish you the best of luck.

Sincerely,

John Hayes, Esq.

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Answered on 10/05/00, 2:11 am


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