Are these actions dicriminatory per the ADA?

Ok, mine's a little complex, so bare with me. I have an ADA disability, and ended up in the hospital for 2 1/2 weeks. My disability is one that is episodic and chronic, with frequent flare ups that leave me with limitations. After the hospital stay I was suffering from severe weakness and lethargy, nauseau, pain, etc. I was allowed to work from home 30 hours a week and charge my time 10 hours. I returned to the office 6 weeks later with still some cognitive limitations (focus, communication, verbalizing, headaches, delayed-thought process (all normal side effects of my flare-up). I infomed my supervisor once I returned, that I couldn't work as fast as I did before as things took time coming to me, and that I had issues with what is stated above, including remembering things. I also informed him a few days later that co-workers were harrassing me due to the fact that I couldn't process their requests as quickly as my co-worker. He was in the middle of processing my needs when he was fired. I was assured by his supervisor that both she and the new management was aware of my requests and issues, and they would be working on them with me. About a month passed and my need for help and the mistreatment I was enduring, continued. Even the new management would say things like "you have alot of doctors appointments" and "are you sure your just not having a bad day?" I was forced to endure this treatment, which caused more stress to me. I was advised to hold a meeting with my supervisors educating them (informing them) of my limitations, and formally requesting assistance (by the HR department after I was moved to tears one afternoon). I did just that providing limitations and pamphlets explaining what I experienced and the limtations. I was told they would take care of my needs and issues. Over the next year...I continued to request assistance, experienced harrassment and mistreatment (even threatened with physical violence by co-worker); which I feel contributed to the exasberation of my condition (I continued to battle with flare _ups). I finally was advised to file a complaint with a State Agency after ONE YEAR of requesting accomodations and nothing being done. Not even discussions. After I filed my complaint, I received some acknowledgement (not granted but acknowledged) with additional harrassment for my exact medical diagnosis (even thought my physician completed several forms stating I had an ADA disability and what my limitations were..even offered a few suggestions). They still harrassed me over several months for my medical diagnosis, even making reference to what kind of doctor I had " oh he's infectious disease, I could see why you wouldn't want information disclosed..."
Almost immediately after I filed my complaint, I received a negative (falsely accusing) evaluation, and was placed on probation (even though my previous evaluation was exceptional and I had never been writen up for wrongful actions). Their accusations could never be backed up by documentation, but my defense always was. This never seemed to matter. My medical issues became public knowledge and I became the office problem.

My question is -- Does this constitute discrimination in itself? I was tormented by this employer for the 2 years after my hospitalization. I would appreciate any advise or assistance you can provide. Thank you.

0 answers  |  asked May 27, 2010 8:11 PM [EST]  |  applies to New York

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