need help with questions re: disability/ADA/etc...

[drpixel]

working in new york for major financial institution. In 1995 sustained a workmans comp injury resulting in 4 surgeries, looking at 5th end if this month. Over past 6 years got reduced raises, lost out on promotions. told by my mgmt 'I wasn't there'--out x months, etc.
Need to know if they can fire me because of surgeries resulting from WC injury, and am I protected under ADA (Americans with diasbilities Act). I am classified as having a permanent disability--very little use of left hand--now I'm a 'rightie'. Am extremely stressed out at prospect of them messing with me...Oddly enough, my immediate senior magmt person is HEAd of the institution's EEO function, so cannot talk to him about this. Please send help...
drpixel

 

[Beth3]

You are protected by the ADA to the extent that you can't be fired merely for having a disability and your employer is required to look into "reasonable accommodations" that would allow you to perform the "essential duties" of your job or another job which is available and for which you are suited.

That said, if you were no longer able to perform the essential functions with or without a reasonable accommodation, they could terminate your employment. In most jobs, regular attendance is an essential function so I guess it's possible that they could term you for continued or frequent absences from work.

You also have some protections under the FMLA for leave time due to your surgery. If you will be undergoing medically necessary surgery, that clearly qualifies as a "serious health condition" and the employer is required to provide up to 12 weeks of leave time on a calendar year or rolling 12 month basis.

If you were denied raises and promotions because of your work comp injury or disablity, that is unlawful. But if you were denied because you simply couldn't be at work regularly due to the frequent medical leaves and thus, couldn't make the necessary business contributions and/or participate in projects that might have furthered your career, that's a different matter and not unlawful.

Is something in particular making you concerned that you're going to be fired?