Diabetes, EEOC, ADA, FMLA = fired?

TX I am the Senior Support Analyst working on the help desk at the Transit company in Houston, Texas. In late March of 2002 I was diagnosed as a Type 2 diabetic with a blood sugar level of 547 (normal is about 100-120). I was immediately put on medication and with diet and exercise have brought my blood sugar into the normal range. The unfortunate side effect of these medications has been unpredictable bouts of diarrhea which obviously requires that I leave the help desk abruptly leaving three other people to answer the phones. Through a long period of disciplinary acts and final probation for using the restroom (15 minutes to a half hour per day) I will probably be fired on Friday October 11, 2002. I think they're sticking to their guns and going to fire me Friday for the bathroom breaks. Is it just me or is firing someone in the middle of an EEOC investigation after that person requests incremental leave under CFR 29 825.203 FMLA not the brightest thing they can do? The company even gave me the papers allegedly after talking to their legal department which are in transit to and from my doctor. I'm hurrying the papers along but I'm not sure they will get here on time. I think the fact that they agreed to give me the papers in the first place should help.

[Beth3]

From what you describe, yes, I'd agree that the direction your employer is taking may not be their wisest course of action. I'm not sure if needing these bathroom breaks would actually fall under the FMLA but it's quite possible they could be considered a reasonable accommodation under the ADA given the number of people working the Help Desk with you. Naturally, without hearing the employer's rationale on this, it's impossible to say for certain.

My employer is not the least bit interested in accommodating me. I thought that when I got diabetes peple would understand and try to help. Instead they've used it like a weapon. I found out that they CAN'T deny me the leave from the FMLA. I come off probation tomorrow for using the restroom too much and I believe I will be fired. Then I hope that it's "Clobbering Time" (legally of course).

On 10-11-02 I was fired one week after asking for FMLA relief and in the middle of an EEOC investigation.