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May 4, 2001

My question is would Avascular Necrosis be covered by the ADA? AVN is a new side effect thought to be caused by Protease inhibitors. Anyway, I will need total hip replacements of both hips within 5 years.

Would the fact that getting a hip replacement MIGHT make my condition better exclude me from the ADA? I currently have a job where I am standing and walking for the entire shift. My left hip hurts if I am on it more than 2 hours a day. My doctor says it is currently bad enough for hip replacement now, which would make it possible for me to do my current job if the operation is a success. My primary doctor cautions that at my age I should wait until pain dictates, as these replacements only last so long.

I have told my employer I want accomodation. My feeling is I shouldn't be forced to have an early operation just so that I could do a particular job. Besides, if I did have my left hip done, and IF it was successful and I did return to to continuous standing and walking, it would greatly increase the rate of decay of my right hip.

I have not gotten a response form my employer as of yet. Any advice you could give would be helpful. Do I have a LEG to stand on???

Thank you

Response from Ms. Franzoi

I think you might be able to request a reasonable accommodation for this. However, I suggest that you discuss this with an attorney who specializes in employment law.


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