Job discrimination & terminating

[Rif005]

What is the name of your state? Calif, I have worked for this company for 17 years.ten years ago i came down with a rare type of emphesema.in 1993 i was terminated for this illness.With my unions help and a lawers help i got my job back.i went back to work after two years,in 2001 i got sick and took close to a year off cause of my illness,in auguset of 2002 i was releast from my Doctor and allowed to return to work.Again i was terminated for for my disibility and again with the help from my union i was able to go back to work.five month later on jan 29 I was followed by my supervisers who oberserved i wasnt wearing my seat belt.Because of this i was terminated again.My question is this,Ifeel since they couldnt terminate me cause of my Disibilty that they were out to get me on something else.Can they do this?type of buss is armored car co.

 

[Beth3]

Whether your emphesema is considered a disabilty under the ADA (Americans with Disabilities Act) depends upon whether it impairs a "major life function." Obviously breathing is indeed a major life function but whether your medical problem meets the criteria depends upon how severe it is. For example, someone with mild asthma controlled by medication would not be disabled under the ADA. Someone with severe asthma who was subject to life-threatening attacks certainly would be.

For the sake of discussion, let's assume your emphesema qualifies. It was not unlawful for the employer to terminate you because you failed to comply with a safety rule. If they selectively enforced the rule and terminated you BECAUSE of your disabilty, then it was a violation of the ADA and prohibited discrimination due to a disabilty. Are you aware of other employees who have violated the seat belt rule or safety rules of equivalent stature who were not terminated?

 

[Rif005]

yes about 8 months ago a fellow worker was suspended for now waering her blt anf for two ther things she did.I feel after 17 years of dedicated work for them. that the seat belt termination was overkill as far as punisment.oh ny the way the two other things she did were serious and the seat belt was the least serious

 

[Beth3]

If you believe you have been discriminated against on the basis of your disabilty, then you may contact the federal EEOC and file a complaint.

 

[Rif005]

ok i will and thankyou