Discrimination/ narcolepsy, eppilepsy

[jls1znv99]

Illinois, I was told on 4/18/2003 two days ago that because of my tardiness this last work week that i was going to be placed on night shift, this in case will place me under supervision of a assistant manager that i filed a discrimation complaint with our union on behalf of a coworker, so needless to say she has been looking for any reason to get me fired. This last week i worked Mon through Friday and was 1 hour 10 min late on the 15th and 17 min late the 16th, i turned in a paper signed by neurologists stating that i have eppilepsy and now narcolepsy. Given the fact that in both instances i was having problems with my narcolepsy, which in turn places me into tonic clonic seizures (Gran Mal), i notified my work that i would be late and that i would be in as soon as possible, given the fact that i had been suspended prior to a actual test that proved what both me and my doctor had determined to be a possible problem. I am 24 male with a home and fiance (whom stays home with one of my sons), and I am also attending college almost halfway done. The shift that i used to work was M-F 6:30 am to 2:30 pm eight hours, the night shift runs from M-Sun 3:30pm to 9:30 / 10:00 pm, thats only 6 to 6.5 hours aday. I have classes on tues and thursday night and saturday morning. I cant drive with my narcolepsy so i depend on a very good friend whom i attend the same classes with to give me a ride. Now i will not be able to support my family nor will i be able to attend college, I was told by my manager that i would not see a reduction in hours and they would work with me for my college schedule, you do the math i will in no way get my 40 hours in every week, One last comment is that were union employees, and the position which i hold i am the one with the seniority.... PLEASE HELP ME anyone knowing the ADA or EEOC laws and regulations would be very helpfull and appreciated!

 

[Beth3]

First off, have you ASKED your employer for an accommodation under the ADA? Your employer is not obligated to guess whether you need an accommodation or not and handing them information from your doctor stating that you have this or that illness does not put your employer on notice that you wish to discuss accommodation possiblities with them.

Secondly, your employer is not obligated to accommodate your school schedule or take that into consideration when considering any ADA required accommodation. The jist of what I'm getting in your post is that the night shift schedule isn't convenient with your schooling and illnesses but not that you can't work that schedule specifically due to your ailments and only your ailments.

It's not that I"m unsympathetic, it's that my sense is that your problem is that there aren't enough hours in the day for you to work 40 hours, attend school, do off-hours studying, spend time with your son and fiance, and get the rest you need, which isn't your employer's problem.