What to do if I worked as a CSR for 4 years but during that time I was diagnosed with lupus and have now been threatenend with termination due to my work restrictions?

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What to do if I worked as a CSR for 4 years but during that time I was diagnosed with lupus and have now been threatenend with termination due to my work restrictions?

After having to take 3 months off (onFMLA), I retuned to work and was told I would no longer have an office job, that I would be working out in the warehouse. On my next doctor visit, he adjusted my restrictions based on my new job description. Now my employer is saying because of these new restrictions the may have to let me go. Is this legal?

Asked on January 25, 2013 under Employment Labor Law, Texas

Answers:

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

Answered 8 years ago | Contributor

What the issue comes down to here is if your condition is protected under the Americans Against Disabilities Act (ADA). Under the act, a person with a physical or mental impairment that substantially limits one or more major life issue is considered to have a disability. But the stage of your disease may limit coverage of the act but I do think that it is something to explore here.  Making reasonable accommodations based upon a doctor's recommendations is not a request that seems out of line.  Contact an attorney to help you.  Good luck.

 


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