What is the name of your state (only U.S. law)? Tennessee
What is the name of your state (only U.S. law)? TN
I have Psoriatic arthritis and have probelems with my rights arm, elbow and hand and my left hip, knee and ankle (it is assymetrical). I have been working at a Server at a Restaurant, which I have been doing for over 15 years. I started a new job in November and advised them of my condition and told them I would do my best to do all the job requirements including lifting heavy trays of food.
I did this up until the last few weeks, when my elbow started swelling and I had severe pain in it. I advised then that I couldn't lift the trays, but I could carry 2 plates at a time and do other things like run salads and things that are not that heavy.
With the Arthritis, I get severe fatigue also,and sometimes it is all I can do to stay awake. I have been doing a great job and have gotten many compliments on my performance. Every night each server gets a rating based on their performance from 1 to 5, and I consistently get a 4 or 5.
Well today I got fired and the boss said the reason was because I could not perform the job and that I looked "out of it" sometimes. I tried explaining that my illness made me fatigued sometime and also asked if I had any complaints from customers. He said no, no one had complained.
I think this is a clear violation of the ADA and wanted to know if I had a case.