Apr 6, 2004
I was recently given the option of resigning, or going through disciplinary action at my job with State Government for over 15 years. They have done some accomodating, given me a more flexible schedule, but due to confidentiality, etc. unable to telecommunute, etc. I have been unable to work the hours needed (only part time) for over a year. Did they violate ADA policy by firing me as I do have a disability? They stated insurance coverage was main reason (most of my work can wait if I am out even 3 days in a row).
Response from Ms. Breuer
Did you alert them to the fact that you are disabled? Did you propose a reasonable accommodation that would allow you to fulfill the essential functions of the job? Please note that the reason for the reasonable accommodations clause of the ADA is to find ways to help the employee fulfill ALL the essential functions of the job. If you've been able to work only part time for a year, did you consider going out on disability leave? In whose opinion can your work easily wait three days if you're out? There are so many unanswered questions here, and I ache for the fact that you've contacted us so late in the process.
There isn't much that anyone else can do for you at this stage, when the problem has had so much time to develop. However, I encourage you to contact an HIV-knowledgeable attorney (through your AIDS service organization) to see if perhaps s/he can negotiate a different way for you to leave the job, with benefits.
failure to release medical records for fitness for duty exam
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