American Disability Act & union certification exam

[Blackmonfam1]

What is the name of your state (only U.S. law)? Florida

I work for a union that requires a certification exam to be taken after 3 years of classes. A few years ago I sustained a head injury which resulted in a severe concussion and my doctor gave me a disability rating for it because it happened on the job. I took the exam for the union I work for and failed it twice. Because I had never had problems with test taking before, I went to see my neurologist and he stated that due to my head injury I had short term memory loss and selective memory. My union has a rule in their contract that after failing the exam two times I will get a significant pay cut. I now know that the union will have to accommodate me for my disability the next time I take the exam. So basically I just found out the 15% impairment from the head injury is affecting my test taking abilities. At the time I sustained the head injury I did not know that there were going to be permanent effects from it so that is why I did not inform my union. My question is since I did not know all the ramifications of my head injury and how it would affect my test taking ability can the union still count those first two exams against me?

If you can give me any advice on what I could do I would greatly appreciate it.

[Ozark_Sophist]

Requests for accommodation for ADA qualified disability should have occured prior to taking the exams.

[Blackmonfam1]

Thank you for your reply.

At the time of the first and second exams I did not know that I needed special accommodations because I had not been having problems except for sensitivity to light from the head injury. It was not until after I failed the second time that I started to think something was wrong and went back to my neurologist, and he said that the head injury had caused these other problems with memory and concentration (I just thought it was age!). Prior to the accident I had obtained three subcontractors licenses in different fields with no problem.