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| *Women health>>>Fibromyalgia |
Is Fibromyalgia and Chronic myofascial Pain considered a disability under the Americans with Disabilities Act? |
I have trouble walking and my boss has decided to increase the amount of walking as a part of my job. People in our department who walk regularly have had their amount of walking decreased and it's all put on me. Any walking to be done is now assigned to me! Are they violating me? I believe all of these "Thumbs Up" I am seeing have missed a lot concerning your question. First of all, are you diagnosised with the disease? Have you received a written diagnosis from your doctor? Have you received a written second opinion validating your doctor's diagnosis? Have you approached your supervisor with any form of written documentation? Is their a written grievence procedure within your company? Are your performance reports or yearly evaluations above average/average (assuming they do these types of evaluations). If you can't answer "yes" to above then I am sorry to say you don't have a case at all. Everything has to be done on paper to validate your claim. Also, keep a journal of what transpires on a daily basis at your place of employment. It may help if you are diagnosed (documented) with fibromyalgia, or any other debilitating disease(es). So, it's not an ADA issue until you can meet the above criteria. Then you may have a case. And, that's still a HUGE maybe. If you can't answer "yes" Possibly. Talk to your doctor about prescribing a scooter. ,or wheelchair to assist you. It could also be that what he has done--increasing the amount of walking you must do--is a way of forcing you to quit. You might need to keep anecdotal records of what is going on to save your job. At some point someone may try to fire you because you "are not performing well". Does your boss know about your condition and its limitations? I'm a teacher who became a stay-at home-mom, and I sub stitute part time in some schools. One school has a guidance counselor who uses a scooter to negotiate the long hallways. She can walk a little once she gets into the classroom, but if she had to walk up and down every hall, she couldn't do the job. The scooter also has a basket to hold things; sometimes the weight of a stack of papers is too much for her. Good Luck. I would suggest that you research this as much as possible and diffenitely ask your doctor this question? If he says yes then he can perscribe that you get a scooter. You also have to look up the Americans with Disabilities and see how many people that is says for them to be violating your rights under the act and if your company has (I might be wrong about this) 20 or more employees and your boss knows that you are legally disabled then yes he is violating your rights under the act and you can sue for that. Good luck with this Yes, I have Fibromyalgia too and so does a coworker of mine. They let my coworker work from home a lot of the time because she has a problem sitting at a desk all day. I'm not as limited as she is but I have told my employer what my limitations are and they don't push it with me. I also work for lawyers so they know what my rights are as well as theirs. Go speak to a labor law, disability or employment attorney. You really should seek some legal help! I'm sorry they are being so harsh on you. I know exactly how that feels! I think u r being used by go here find for sure & what u can do about it. http://www.usdoj.gov/crt/ada/adahom1.htm... Sounds discriminatory to me... they know you have this condition and still made this decision ? That will depend. The ADA does not specify particular medical conditions--it defines disability in terms of the level of impairment, regardless of cause. You need to consult with your doctor--and get documentation of your medical condition and physical limitations. Then talk to the state Department of Vocational Rehabilitation (if your case doesn't fall under their jurisdiction, they'll know who you need to talk to). It's likely that you'll be able to work out something with your employer, as long as the walking is not a "essential job function). IF your employer is not willing to work with you on this, contact local disability rights/advocacy groups in your area-you can find them under "disabled" or "disability" in the phone book. |
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