The person has severe sensory nerve damage; it affects them sleeping because the nerve damage tend to be worse at night and other affects which cause them pain. How would a person know if their neurological disorder is covered under the ADA?Work related for accommodation. I have this disorder and my employer is dragging about providing accommodation. So I would like to know if I am covered under the ADA. Sorry for not being specific in my question and I'm not sure why it post under "personal injury" because I clicked "none of the above" option. Thanks for answering.
"Covered" for what purpose? Accommodation at work? Receiving SDI? Being accommodated in college Disabilities have a range, and a range of things that interact with them.
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The law prohibits discrimination on account of a disability. Does the person have a disability? What are they seeking under ADA? The law is specific and your question is not, so a clearer answer cannot be provided. There needs to be some context. Since you posted this in personal injury, I presume there is some type of claim to be made. Get a lawyer for the claim and discuss the disability issues with the lawyer.
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The employer has an obligation to engage in a interactive process if you have requested an accommodation. The employer has the right to request reasonable medical information related to the condition for which you are seeking an accommodation. For a medial condition to be considered a disability under the ADA, it must be one that substantially impairs a major life activity. I would need much more information about your condition, how it impairs your ability to work, and the accommodation you have requested to offer an opinion as to whether you may have a remedy under the ADA if the employer refuses to accommodate you. Feel free to provide more information and I will be happy to respond.
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If your sensory nerve damage is severe and you do require accommodations to do your job, it's a good bet that you are covered by the ADA, especially since the ADAAA amendments a few years ago made it easier to qualify for covered status. Further, if you work in New Jersey, you are likely also entitled to disability accommodation under the NJ Law Against Discrimination, which has an even more lenient coverage standard than the ADAAA. I'd recommend consulting with a New Jersey attorney who handles disability discrimination claims, and considering whether you should raise the stakes with your employer by considering an attorney reasonable accommodation request letter, or a charge of failure to accommodate at the EEOC or NJ Div. on Civil Rights.
Your consultation should also address the reasonableness of your desired or other potential accommodations.
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You are not asking the right question. Since you work in nj, you are covered by the njlad and the burden is lower to show you have a disabiity that needs to be accommodated. Frankly your disability sounds like one that would fit under either law. You should keep on them about an accommodation and get a lawyer to help you if necessary. you really need it, you are suffering. also go to the website sponsored by the department of labor, JAN, or job accommodation network to see if there is anything there that might help you. good luck.
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