What constitutes discrimination for a disability?

I was phoned first thing this morning when I started my shift, and was told that I was to come in for a disciplinary meeting at 11:30 am. I called my union rep so that he could be at the meeting with me. He spoke to my supervisor, who told him that it would be a verbal warning for attendance issues. At the meeting I was immediately handed a written warning and told that all of my remaining sick time was being immediately revoked. I have an auto-immune disease that company is aware of. I have used 9 out of 15 accrued sick days over the entire year. Now I have no sick time/unable to see specialists. Should I take Action? If so, what?

Asked on September 16, 2010 under Employment Labor Law, Massachusetts


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

So your union rep did not appear, correct?  First I would call the union and speak with your rep and tell him what happened.  Then I would seek consultation from an employment and discrimination attorney in your area as to what your options are here.  Did you sign anything at the meeting?  Hopefully not but if yes, do you have a copy?  Is there an employee contract or an employee handbook available?  If yes, bring them.  Lateness and sick days are two different things and hopefully they are distinguished in what ever paperwork you have from your employer.  Now, do you have a "documented" illness and by that I mean documented with your employer through your doctors?  I hope so but get whatever medical information that you need updated.  You should also consider contacting the Department of Labor or the Department of Human Services - whomever takes a discrimination complaint in your state.  Good luck.

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