I have been employed with the New York City Transit for almost twenty four years. Several years ago, I was diagnosed with stage IV esophageal cancer and was treated with very aggressive chemotherapy at Memorial Sloan-Kettering Cancer Center.
Over the past few years, I have found myself under an extreme amount of unnecessary stress and aggravation from work. So much so that I actually took personal days without pay and now, they are looking to suspend me for sixteen days.
Two of my Physicians have written letters to have me relocated to a new work area of my choosing but the requests have been completely ignored. Instead, I was relocated to a facility very far from where I reside and now, I am no longer asked to work overtime, which I know is deliberate.
I have lost a tremendous amount of weight that even my Physician appears to be concerned. Recently, after a routine upper endoscopy, I was diagnosed with low level dysplasia, which is a precursor for esophageal cancer.
I was informed and read that all cancer survivors are covered under the Americans with Disabilities Act.
I dealt with stage IV head and neck cancer while working. I know both treatment and the aftermath can be extremely difficult. But you do have options, there are steps you can take that will help you secure the accommodations you need moving forward. Speak to an employment attorney first, because it is a complex and detail oriented set of tasks that lay before you here. Complex, but not difficult if you follow the road map.
I am sorry that you even have to deal with this.
This answer does not constitute legal advice and you should contact an attorney to confirm or research further any statements made in this answer. Any statements of fact or law I have made in this answer pertain solely to New York State and should not be relied upon in any way in any other jurisdiction.
You have two potential issues:
1 possible failure to accommodate. The employer does not have to accommodate every request - only if it is reasonable
2 whether the transfer and/or lack of OTwas discriminatory.
You need to speak to an employment attorney to discuss your case.
This response is only general information and is not legal advice. It does not form an attorney-client relationship and should not be relied upon to take or refrain from taking any action. You should seek a qualified attorney before taking any action related to your inquiry.
You should contact a local employment attorney and discuss this in further detail. It certainly sounds like there may be a disability discrimination claim here.
This answer does not constitute formal legal advice and you should contact this or another attorney to confirm or research further any statements made in this answer. Any statements of fact or law I have made in this answer pertain solely to New York State and Federal law and should not be relied upon in any way in any other jurisdiction.
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