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        Cluster Headache Help and Support >> Cluster Headache Specific >> Federal Job Protection / EEOC?
        
(Message started by: KateA on Jun 6^th, 2006, 1:05am)

Title: Federal Job Protection / EEOC?
Post by KateA on Jun 6^th, 2006, 1:05am

Hi All,
I am out of work for the first time...some of you may have read my post. I have notified my company of the issue, and provided them literature to read.

Can anyone point me to the documentation that says I am job protected? I am going to need to ask for some accommodations upon return and want to be sure I know what I have behind me.

Many thanks,
Kate

Title: Re: Federal Job Protection / EEOC?
Post by Gator on Jun 6^th, 2006, 2:23am

I hate to be the bearer of bad news, but CH sufferers are not necessarily protected by ADA or EEOC laws. There have been cases where the courts have ruled that it was not a "reasonable accomodation" for employers to have to deal with employees taking extended leaves of absence to deal with cluster headache.

Here is one case in particular:

http://law.emory.edu/caselaw/11ca/mar2003/02-12971.opn.html

I am not familiar with all the details of your particular situation. I will find and read that thread. I know I was terminated due to CH and had no way to fight the termination. Of course, they had the added benefit of being in a state that has an "At Will" employment policy. An employer can terminate any employee "at will" for no reason. Gotta love that.

Title: Re: Federal Job Protection / EEOC?
Post by chewy on Jun 6^th, 2006, 6:43am

"At Will" employment is not as cut and dry as it sounds.

http://www.bls.gov/opub/mlr/2001/01/art1full.pdf#search='At%20Will%20employment%20policy'

Title: Re: Federal Job Protection / EEOC?
Post by Katherinecm on Jun 6^th, 2006, 7:40pm

My HR department was who told me I was covered under the ADA (Americans with Disabilities Act), after my doctor confirmed with some paperwork that I was in fact disabled according to the provisions in the law.

This is taken from about.com:

ADA Title I: Employment

Title I requires employers with 15 or more employees to provide qualified individuals with disabilities an equal opportunity to benefit from the full range of employment-related opportunities available to others. For example, it prohibits discrimination in recruitment, hiring, promotions, training, pay, social activities, and other privileges of employment. It restricts questions that can be asked about an applicant's disability before a job offer is made, and it requires that employers make reasonable accommodation to the known physical or mental limitations of otherwise qualified individuals with disabilities, unless it results in undue hardship. Religious entities with 15 or more employees are covered under title I.

Title I complaints must be filed with the U. S. Equal Employment Opportunity Commission (EEOC) within 180 days of the date of discrimination, or 300 days if the charge is filed
with a designated State or local fair employment practice agency. Individuals may file a lawsuit in Federal court only after they receive a "right-to-sue" letter from the EEOC.

Charges of employment discrimination on the basis of disability may be filed at any U.S. Equal Employment Opportunity Commission field office. Field offices are located in 50 cities throughout the U.S. and are listed in most telephone directories under "U.S. Government." For the appropriate EEOC field office in your geographic area, contact:

(800) 669-4000 (voice)
(800) 669-6820 (TTY)

For more disability headache rights, read: http://headaches.about.com/bl-guide-dis-rights.htm?terms=civ