Recently, I was given a direct order by my supervisor at the Federal Bureau of Prisons to leave the institution due the negligence of Human Resources to make the proper accommodation due to an illness covered by FMLA and ADA. I felt discriminated with the action, and I would like to file a lawsuit against the agency.
The ADA and FMLA are 2 separate legal actions. FMLA protects you by requiring the employer to give you up to 12 weeks of time off for a serious health condition within a 12 month period, provided that you worked full time for the last 12 months. The ADA requires that the employer give you a reasonable accommodation for a disability if you qualify. There are various conditions and qualifications for whether you are entitled to the FMLA or an accommodation under the ADA. You need to meet with an attorney to make sure you qualify.
HOWEVER, please note that as you are a federal employee, you must contact the EEO counselor to initiate a charge of discrimination under the ADA within 45 days of the incident you are complaining about. So if your 45 days is coming up soon, contact the EEO counselor right away, unless you can see an attorney immediately. The FMLA claim is filed directly in court
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