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Did my employer discriminate me because of my disability?

New York, NY |

I have been working for the same company for about 5 years, and within those 5 years I injured my back and now have sciatica. I receive injections to my spine every so often to control the pain. Any who, I applied to work a modified schedule for the summer, which means that i work longer days and earn a day off, i did this last summer. Today my boss called me into the office and explained to me that she would not be approving my summer hours because of my disability, and that she's concerned that I will call out during the summer. I only responded with "I understand" and walked away because I was so embarrassed that had I said anything more I would have probably started to cry. I don't know if this constitutes as discrimination or not and I am looking for some help.

Attorney Answers 4


It is discriminatory to say you medical condition will cause you to miss time from work in the future. It may be that they are starting to give you a hard time with your schedule so as to cause you to miss time and give them an excuse to let you go.

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You should consult with an employment law attorney. As my colleague aptly points out, discrimination may have occurred. An employer can prevent you from doing certain tasks/schedules that you are physically unable to do because of your disability; however, to simply claim that you will likely miss work because of your disability is discriminatory.

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Disability discrimination cases are generally complex because the Employer will deny what you say happened. But, yes, if you can prove the facts as you describe, your employer is failing to engage in good-faith discussions with your request for a reasonable accommodation and stereotyping you based upon irrational fears about your medical condition. These are both violations of City, State, and Federal disability laws.

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