QUESTION

Harrassment and Discrimination in the work place

Asked on Dec 14th, 2012 on Labor and Employment - Tennessee
More details to this question:
I suffer the rarest form of nerve entrapment known to man which causes unbearable pain in the pelvic region thus causing an invisible disability. I have to stand most of the day as sitting intensifies my pain. My employer refused to set me up with a work from home situation and there is no place to lie down at work. My condition leaves me exhausted and I put all the energy I do have into my work and focus on my work. I have been written up numerous times for lack of interpersonal skills when they fully know I have and suffer horrible pain. You are unable to socialize when you hurt as much as I do. I have been threatened to be fired and they watch every move I make, etc. This is insane to endure when I am already suffering. I must work as I have nobody to help me. Can I sue them for harrasing me due to being ill?
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1 ANSWER

Alternative Dispute Resolution Attorney serving Charleston, WV at Robinson & McElwee PLLC
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First we have to understand that what you consider "harassment", your employer considers managing you as an employee.  When an employee suffers from a disability, the employer is required to make a "reasonable accommodation" which permits the employee to perform the "essential functions" of the job.  You have not provided enough information about your job for me to make any determination regarding what the "essential functions" may be, but in most cases one of the "essential functions" is for the employee to be present at the workplace.  Your employer has apparently concluded that setting you up with a "work from home situation" is not a reasonable accommodation.  Also, if your condition leaves you exhausted and you have to lie down, your illness may prevent you from performing the essential functions of your job, in which case you may not be protected under the law.  The fact you have been "written up" seems to indicate your employer believes you are not performing the essential functions of the job as required. Since your condition is quite rare, (and I'm assuming you have medical documentation for the illness), I suggest you check with the Tennessee Human Rights Commission and discuss your situation with the professionals at the Commission.
Answered on Dec 27th, 2012 at 9:56 AM

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