ADA Law

[rick47]

I was employed as a Dept. Head supervising 2 manufacturing departments in Missouri. My job was modified by adding data entry duties. I informed my boss that I was not able to do this additional job because of a disabilty. I was told I had to do this function with no exception. I did this function, but it took me longer that it should and I came to work at 5 AM to have sole access to the computers. These added duties interferred with my other duties. After approximately a month I was working 12-15 hours a day, getting very stressed, which was causing me problems interacting with other department heads. I then told my boss about my specific disability and the problems this data entry was causing me. A few weeks later I was terminated for unspecific reasons. "I was just not working out." I do not want my job back, but do I have any recourse?

 

[buddy2bear]

To be covered under the ADA, you must be a "qualified individual" with a disability who can perform the "essential functions" of the job, with or without accommodation, and/or be "perceived" by your employer as having a disability. The disability must also be a "legitimate" disability under the Act which interferes with one or more of your "major life functions." Did you specifically inform your employer that you were disabled, what kind of disability, and did you SPECIFICALLY request an accommodation (in writing would have been great)? If so, then you should file a Charge within 180 days with the EEOC as your first step. After receiving a "Right to Sue" letter (which could take some time), you will then have to find a labor lawyer. You must go through the administrative process first because it could help your case. A mental disability (i.e., anxiety disorder, bipolar, etc.), is the hardest to prove as most courts go by "if you can't SEE (as in wheelchair) it, it doesn't exist." However, that doesn't mean you can't win, it just means it will be harder and more costly.
Call your EEOC. I am not a lawyer but I am a legal secretary/office manager in a labor law firm on behalf of employers for over 20 years.