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I have a question regarding discrimination in the workplace, I suffer from OSA

Fall Creek, WI |

I suffer from OSA, and I just started a new job where I am the only woman amongst a bunch of men. The only other woman is in an bulding parking lots away, and she is a secretary. I am worried that due to my tardiness and just being hired, I may face termination, due to the fact that I am actively being treated by a Nuerologist for my Apnea.

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Attorney answers 3


Has your employer approached you about this?



I have been written up for the last 3 tardys that I have received. I started working at the beginning of July, and actually was supposed to start my training on July 1st, but had an appointment with a Specialist two hours away that my Neurologist referred me to. After attending the appointment, I was told I needed to see a specialist in Neurology there, 2 hours away that knew more about what my condition may be. Also, to possibly have another sleep study performed. I was due to start the new job the following day, and scheduled the appointment that Friday. I didn't want to miss any important information at the job in my first week, so I did not attend the appointment, but did consult with my Doctor, and requested that he call in another prescription for my CPAP machine. So I am now currently attempting to get used to this machine. However, I usually oversleep once a week. Never on the same day. One day I overslept 2 hours, another day I only overslept 39 minutes! It just varies on my sleep at night.....but wearing the machine, doesn't actually allow me to sleep any better! It almost makes it worse. So yes, I have been written up, actually today I was written up.....I was advised that they would be submitting the documentation to the HR Department, who is Staffone, and that I would have to wait to hear of any outcome. (We do not have an onsite HR Dept) I did have my doctor fax a letter to them explaining that the Apnea may altar my Daily Functions.....


Your question is confusing because you appear to worry about tardiness from a sleep disorder but confuse the matter with stating you're a lone female. If you're 'disability' is causing you to be late and you're getting disciplined and written up, you may have to seek an accommodation where you're allowed to be so many minutes late. These are often difficult and tricky situations so you're best served calling an employment attorney.


You have almost nothing invested in this new job and the new employer has virtually nothing invested in you. The legal path you are sighting is long, emotionally grueling, and hard to successfully navigate under the best of circumstances. Dealing with an employer who is lying in wait for a clean and legal opportunity to fire you is no way to live -- and that is a very predictable outcome here. Disabilities don't make employees bullet-proof; they only out employers to the burden of patience, documentation, and skilled legal strategies.

My advice: get yourself a job where your shift starts later in the day. Life will be better.

No legal advice here. READ THIS BEFORE you contact me! My responses to questions on Avvo are never intended as legal advice and must not be relied upon as if they were legal advice. I give legal advice ONLY in the course of a formal attorney-client relationship. Exchange of information through Avvo's Questions forum does not establish an attorney-client relationship with me. That relationship is established only by joint execution of a written agreement for legal services. My law firm does not provide free consultations. Please do not call or write to me with a “few questions” that require me to analyze the specific facts of your history and your license application and prescribe for you how to get a State license. Send me an email to schedule a paid Consultation for that kind of information, direction, and assistance. My law firm presently accepts cases involving State and federal licenses and permits; discipline against State and federal licenses; and disciplinary and academic challenges to universities, colleges, boarding schools, and private schools. We take cases of wrongful termination or employment discrimination only if the claims involve peace officers, universities or colleges.

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