QUESTION

how do i file a dscrimination lawsuit against a former employer?

Asked on Oct 26th, 2012 on Labor and Employment - Pennsylvania
More details to this question:
i have depression, anxiety disorder, and sleep apnea. i feel like i was fired because of that
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1 ANSWER

That is an extremely difficult question to answer.  First, assuming that the conditions that you listed qualify as "disabilities" under the Americans with Disabilities Act and PA law, then you would have the burden to prove that your employer terminated you either because of those disabilities, or that your disabilities formed a substantial part of the decision to terminate your employment.  You also may have a claim that your employer failed to provide you with reasonable accommodations for your employment.   However, in these types of cases, employers have a number of defenses, including arguing that you were unable to perform all of the essential functions of your job and/or that your disabilities constituted a direct threat to the health or safety of you or others given the nature of your employment, and that there are no reasonable accommodations that will eliminate that.   These types of cases are extraordinarily fact-sensitive, complex, long and are often difficult to win.  But, I would be willing to speak with you in more detail about the specific facts and circumstances of your case.  Feel free to contact me directly at mdavey@eckellsparks.com or at 610-565-3700. Michael J. Davey, Esquire Eckell, Sparks, Levy, Auerbach, Monte, Sloane, Matthews & Auslander, P.C. 344 West Front Street Media, PA 19063
Answered on Oct 31st, 2012 at 10:20 AM

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