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View Full Version : Was I discriminated against?


redsoxrule
10-29-2004, 11:01 AM
I live in Massachusetts. I have had severe asthma for most of my life. I have been at this company for almost 5 years. This year I was hospitalized for 2 weeks and have missed more days due to this condition (total of 19). I have provided doctors notes for every sick day I have taken. In July my manager told me that if I do not provide a note for also having some tardiness then they would cut my hours from 40 a week to 30 a week. I provided the note that said due to medications that make me sick and due to my existing condition that I would sometimes be tardy. I passed the note in to my manager but they still cut my hours. It is now October and I was told this week that I would have to seek alternate employment. They admitted that due to my absentees and illness that I am being terminated. My managers have told me that when I'm at work I am a key contributor and have kept up with all my duties. I have even worked extra late hours to make sick time up. In the past 5 years I have also been turned down for a raise yearly due to my absentees. I also work with other employees who have been out sick just as much as me for personal reasons or illness that were not let go. My asthma is severe and I have been disabled at times because of it. Is this wrongful termination or discrimination?

LConnell
10-29-2004, 05:21 PM
It could very well be. While a reasonable accommodation under the Americans With Disability Act does not require an employer from letting an employee not to work at all, there is an expectation that the employer will be somewhat tolerant of needs caused by the medical condition of the employee.

You can read more about discrimination at: www.eeoc.gov (http://www.eeoc.gov). Let me know if you have any other questions.

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