Posted by Jim H (152.163.213.192) on August 07, 1999 at 21:41:34:
The other day, someone posted regarding the possibility that CH may be covered by the ADA. While I'm no expert in the ADA, and I'm not familar with any decisions stating that cluster headaches are considered a "qualified disability" under the Act (i.e., a physical or mental problem which limits a major life activity; CH would seem to limit the ability to do just about anything while an attack is in progress, including seeing, which is one of the recognized categories), my guess is that, if someone has been fired or demoted because of having headaches, and the job is one which can be performed by the CH sufferer either without any accommodations or modifications to the job or with "reasonable accommodations" (such as permitting breaks during attacks, and allowing the employee to work extra hours at the end of the day), then that person might have a claim of discrimination. Proving that the adverse job action has been the result of discrimination based upon the CH will be the real hurdle, as most employers these days are pretty savvy, and they will probably not come out and tell you that was the reason for the adverse action. If, on the other hand, proof can be obtained (either because a supervisor is indiscreet enough to mention that as a reason or someone overhears a conversation ascribing the action to the CH), it's the kind of thing a lawyer might be interested in. Anyone who suspects that they have been the subject of this type of discrimination should take action immediately, as I believe there is a fairly short period of time within which to make the claim (possibly as little as 180 days). If you're successful, you could get an award of back pay and reinstatement. The important thing is to contact a lawyer - one who specializes in employment law - as soon as possible after you have been the subject of discrimination. To find an emplyoyment attorney, you can talk to lawyers in your area who practice in other fields to obtain a referral or go to the Martindale-Hubbell web site and follow the instructions for locating a lawyer in the desired field and geographic area.
Hope this helps somone.
Jim