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  • eeoc - disability accomodations New York

    Dear Sir or Madam,

    I 32 years old and worked for a large New York City employer for over 9 years. About two years ago the company was replacing some old-timers and pressured me to leave (it happened to coincide with the year during which my wife was pregnant; she was employed at the same firm until she became pregnant & required to be on bed-rest because of complications) but before I could find a new job I got Ill (totally disabled) and went on disability. In the past 2 years I've been suffering from Major Depression and had to go on disability leave and back to work multiple times. During the episodes I was completely unable to do my job of computer programming. After each leave that included medications and therapy I resumed my work duties but with ever worsening performance.

    I have noticeable difficulties with concentration and memory, slow information processing speed (supported by official medical tests) and hardly learn anything during the work day.

    My doctor is not willing to certify that this was a work related disease or injury (that would quality my for Workers Comp) while they seem to be comfortable confirming that my condition is long term / permanent.

    My boss recently informed me that my performance will be monitored over the next month and if found unsatisfactory I will be placed on a performance plan - next logical step on the path to termination.

    What are my rights and what kinds of accomodations I may ask for to remain employable? What's a good way to handle my situation?
    Am I in a position to negotiate a severance package?

    Thank you,

    Ed

  • #2
    There are numerous sites that discuss possible reasonable accommodations for depression. Here's one:

    http://depression.about.com/cs/disability/a/ada.htm

    No one here can say which one is the best one to ask for in your situation. The employer does not have to accept subpar performance as an accommodation.

    Employers are not required to offer severance, so any severance you might get is at the discretion of the employer.
    I am not able to respond to private messages. Thanks!

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