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Originally Posted by DETRoadster
Your employer is required by law to make "reasonable accommodations" for your disabilities. They are not required to make every accommodation. What is reasonable and what is not is essentially up to your employer to define and up to your lawyer to argue if you disagree. It sucks but that's the reality, in so far as I know. Good luck. Definitely seek some professional advice from an employment attorney if you feel your employer is not holding up their end of the deal. Employment law as it relates to disabilities is very specialized so make sure you seek out an attorney who specializes in it.
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This is true, I had lots of training on this subject being a hiring manager and I was required to be aware of this and employers are required to make reasonable accommodation. However, this has to be made up front, meaning the individual has to have a conversation with the employer and explain what are the limitations and what is reasonably required to accommodate the specific disability. If the employer refuses then there is good case. If this conversation has not happen with the employer then it is going to be a much hard battle.
Just taking time off, using vacation and sick time they can not hold that against you, if you taking time off without pay, little more or grey area. Most companies have a requirement of how much time you are required to work. If you can not work those hours they have a right to terminate especial if you work in an at will employee state.
Not specific to this situation, I was in the process of terminating a person due to poor performance. Working my way down the documentation path, the individual knew what I was doing since we have conversation about action plans. The next day the person went to HR and told them he had a disability (never told me) which was affecting his work performance and I was told by HR to back off and stop the documentation process and we were required to see what could be to accommodate the person. In the end we did nothing since the person decide to quit as long as we did not challenge their unemployment claim.
The long and short, the company has to be formally notified of the disability, it has to be one recognized by the ADA, then accommodation have to be discussed and agreed upon, only after this if the employer does not live up to their responsibilities is there a case.
As other pointed out need to find an ADA lawyer general lawyers without this background can not help much.