I am waiting for my employer to get information back about ADA laws concerning a chronic medical condition I found out I have .

Asked over 1 year ago - Maricopa, AZ

I was diagnosed with systemic lupus 4 years ago. I am wondering if my employer has the right to terminate me because of this illness.

Attorney answers (2)

  1. Darrel S Jackson

    Contributor Level 17

    3

    Lawyers agree

    Answered . Your employer may not lawfully terminate your because of your illness. However, if restrictions related to your illness prevent your from performing your job duties, and there is no way to modify the working environment so that you can overcome those restrictions, then you could lose your job. You may want to consult in person with an employment lawyer to get a thorough evaluation of your situation. Good luck with both your employment and your illness.

    My answers to questions posted on AVVO are intended to provide general information only, and are not intended to... more
  2. Marilynn Mika Spencer

    Contributor Level 20

    Answered . I am a California attorney and cannot give legal advice in your state. My comments are information only, based on federal law and general legal principles. YOUR STATE MAY HAVE ITS OWN LAWS THAT OFFER SIMILAR OR GREATER PROTECTION. If I mention your state’s laws, it only means I did a quick Internet search and found something that looked relevant. You MUST check with an attorney licensed in your state to learn your rights.

    Your employer cannot fire you BECAUSE OF your disability but may be able to fire you if your disability prevents you from performing the essential functions (main parts) of your job, even if it offers you reasonable accommodation. This is a complicated and fact-intensive area of law.

    There are various sources of POTENTIAL protection related to your medical status.

    If the condition is due to a disability as defined by law, the Americans with Disabilities Act of 1990, 42 U.S.C. sections 12101 et seq. (ADA) may provide some protection. Please look at my Avvo guide on the ADA: http://www.avvo.com/pages/show?category_id=6&pe.... There must be at least 15 employees for the ADA to apply. This law protects you from discrimination (adverse treatment) DUE TO disability and also requires the employer to provide reasonable accommodation (change in the manner in which work is done) so you can do the main parts of the job (essential functions). A leave of absence may be a proper reasonable accommodation.

    There is limited protection if the illness or injury is caused by a serious medical condition as that is defined by law.You may be protected under the Family and Medical Leave Act, 29 U.S.C. section 2101 et seq. (FMLA) if all of the following is true: (a) your employer has at least 50 employees who work within 75 miles of one another; and (b) you have worked for this employer for at least one year all together, even if not consecutively; (c) you have worked for this employer at least 1,250 hours in the immediately preceding year; and (d) you, a child, a spouse or a parent, you have a serious medical condition as defined by the FMLA. The FMLA allows employees to take leaves of absence from work repercussion, up to a maximum of 12 weeks per year. Leave can be in increments as short as fractions of an hour.

    Please look at my Avvo guide on the Family and Medical Leave Act, 29 U.S.C. section 2101 et seq. (FMLA) to see if that law applies in your situation: http://www.avvo.com/pages/show?category_id=6&pe....

    You may be able to combine your rights under both of these laws to allow for even longer leaves of absence.

    Employment law is complicated and fact specific. You may wish to consult with an experienced plaintiffs employment attorney in your state. To find a plaintiffs employment attorney in your area, please go to the web site of the National Employment Lawyers Association (NELA). NELA is the largest and most influential bar association in the country for attorneys who represent working people. The web site is www.nela.org, and you can search for attorneys by location and practice area.

    Also, NELA has affiliates in every state and in many cities. On the NELA web site, you can look at the list of affiliates. Some attorneys will be listed in the affiliate membership list, some in the national organization membership list, and some in both. Being listed in one or both lists should not influence your selection because attorneys can choose whether or not to purchase the listing in the national directory. Each local affiliate has its own rules for listing.

    I hope you can resolve your situation and wish you the best.

    twitter.com/MikaSpencer *** All legal actions have time limits, called statutes of limitation. If you miss the... more

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