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Is it discrimination?

Fri, 02/15/2019 - 16:10
Hello there, I've never had seizures up until about six-seven months ago and then they started out of nowhere. Still working with my doctor's to get it under control. I've had the same job for about seven years and for the most part the seizures don't interfere to much with my work, except for the week I'm menstruating. Yesterday I got a call from my boss saying I can't come back to work until I'm seizure free and they're forcing me to take an unpaid medical leave. the only way I can come back is if I have a doctor's note proving I'm 100% seizure free My friend thinks it's discrimination. I don't know what to think but I'm devastated. What do you guys think?

Comments

It depends on a few things.

Submitted by Jazz101 on Fri, 2019-02-15 - 19:43
It depends on a few things. First of all, is it the private sector or the public sector? Also, it does your seizures put other at risk, you know, like if you are a pilot. Just one example. If I were you I would contact the Epilepsy Foundation at their 800 number. I think it's 800-332-1000.Their is a law that was passed in the 90s I think commonly referred to as the American With Disability Act. It has been edited over time. When you call the Epilepsy Foundation, find out what is the 800 number to contact the organization that deals with the Americans With Disability Act.Certain Private Sector companies really can fire individuals for no reason. But in your case, given you had a conversation with your boss and he or she directly pointed a finger at Epilepsy, well, that can change the equation a bit depending on what the company/individual does. If it's the public sector, I you stand a better chance of pointing to violations depending on what your job is. Like I said, the ADA protects individuals when their is clear evidence that your seizures don't put other at risk, such as if you were a pilot or a driver. Does are two examples of where they can argue others can be placed at risk.But if it's not an area where that can be argued, then I think you have a pretty good case. After all, no one gets fired for having migraines, another neurological diagnosis. So if I were you I would try go gather where you work;  what your job entails, whether there is any reason to believe you are putting others at risk etc. Being 100 percent seizure free to work all comes down to what the job is. Pilot? Sure. Driver? Sure. But not every area requires an individual being 100 percent seizure free. So it comes down to the specifics in your case.  Best Regards

Thanks for your reply. I

Submitted by Iamwheezy0527 on Fri, 2019-02-15 - 20:27
Thanks for your reply. I guess job description does matter. It doesn't put others at risk. I work customer service at a grocery store and most of the time my coworkers would notice right before I had one and would help me get away from customers before it hit. They don't really put me at risk either because most of the time I just sit there and shake mildly and stare off, or so I've been told. I don't think I've been fired. Just forced into an unpaid medical leave.

Call your local epilepsy

Submitted by Amy Jo on Sat, 2019-02-16 - 10:37
Call your local epilepsy foundation affiliate and see about getting informed legal advice.

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