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Question: Employment and Labor - Nebraska

Asked on 11/6/2009
I'm being retaliated against by my editors after filing a claim under ADA for Graves disease. (I asked to work from home.) What do I do?
My job causes stress because my boss is having an affair with a co-worker, the only other worker under him besides me. When I see them flirt and touch, it causes me stress and hurts my eyes (Graves eye disease). So I asked to work from home. They said this was an unreasonable accommodation. I'm a newspaper reporter. This seems very reasonable. I'm worried about my eyes in particular, and am afraid my graves disease emotional lability when stressed with make me say something in anger that will get me fired. Normally, I'm happy and very well-regarded. Can HR fire me for stress-related anger?

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Answers (1):

B. B., Member in Good Standing of the New Jersey Bar


If the firing came after you asked for the accommodation, you have a very possible case of employment discrimination under the ADA, and you should follow up with an attorney experienced in this area of the law.

I can't say whether your request would be considered a reasonable accommodation in court.  It's a flexible concept, with the relief to the worker from their condition being weighed against the inconvenience and cost to the employer, and it can't interfere much at all with getting the work done.  The outcome of this aspect of your case, like the rest of it, will be very fact-sensitive.



  • Answered on 11/6/2009
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