teminated for points , one while in hospital other while workmans comp

I have just found out my hashimoto's endocrine disorder is considered a disability. I was terminated with point system. I was given 1 point for a hospitalization they said wasn't covered and 1 point when on workman's comp. When I proved that I was not released for work they removed the point from the system and then gave me half points for 1 min and 2 mins late. I did not know I was considered disabled until after I was terminated to ask for accomodations . I had worked overtime all the time and would have to get a few hours of sleep and turn around to come back to work. They made us park so far from our destination unit that I would get to the hospital @ 10 mins to 1900 and because of muscle fatigue my legs wouldn't cooperate. It felt like I was carrying 200lbs. Can I file a discrimination charge against them.

1 answer  |  asked Apr 20, 2013 9:41 PM [EST]  |  applies to Arizona

Answers (1)

Francis Fanning
In answer to your question "Can I file a discrimination charge against them?", yes you can file a charge, but the burden is on you to prove that you were discriminated against on account of the disability. If you did not realize that your condition was a disability and you did not ask for an accommodation, it is unlikely that you would be able to prove that your employer should have accommodated you or that they fired you on account of your disability.
I'm not sure I understand what you meant by "a hospitalization they said wasn't covered." If you were eligible for the protection of the Family and Medical Leave Act, it would seem that most any needed hospitalization would qualify as a serious medical condition. Whether you missed work on account of a work related injury or illness has no bearing on the protections of the FMLA or the Americans with Disabilities Act.
By the way, the definition of a disability is not a medical definition but a functional one. Just because someone with Hashimoto's qualified as disabled doesn't mean that everyone with the condition is disabled. To show that you are disabled you have to show that your condition substantially impairs a major life activity. Under the ADA as recently amended you can consider your condition in its untreated form, so if your condition would be much worse without the medication or other treatment you are receiving, proving that you are disabled would be relatively easy. Walking is a major life activity, so your problem walking across the parking lot would probably be enough to meet the functional definition of disability.

posted by Francis Fanning  |  Apr 24, 2013 12:07 PM [EST]

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