You are here:

Living With Disabilities/Americans w/Disabilities Act

Advertisement


Question
My 19-year-old daughter works part-time as a fuel associate (gas station attendant) at one of our local grocery stores. She normally works 12 hours (3 4-hour shifts) a week. She is currently seeing a rheumatologist and has an initial diagnosis of joint hypermobility disorder. She has had chronic pain for approximately 4 years and the pain continually gets worse. She goes to see the rheumatologist again (3rd visit) in 2 weeks. We have a lot of questions for the doctor and want to confirm a diagnosis; possibly of Ehlers-Danlos Syndrome. In the meantime, the new manager has dropped her hours to 1 day per week because of a "call-off problem." She only calls off work if she is in extreme pain, to the point that she can't get out of bed and she lays in bed all day crying because of the excruciating pain. Somehow, this does not seem fair that she is being "penalized" for having a disability. She cannot control how she is going to feel from one day to the next. Another employee is out several times a year for weeks at a time (the employee has Cystic Fibrosis). That employee is not penalized for absenteeism. What can we (her doctor) do to communicate/educate management on her rights under the Americans with Disabilities Act? What protection does she have? (We live in Pennsylvania, which is a "right-to-work" state.)

Answer
Hi Melissa,

Sorry for the delayed response. This may be a question better suited for someone with legal expertise specifically in the HR/Disability field.

I would ask fellow expert Thomas Yancey

http://www.allexperts.com/ep/924-129059/Employment-Law/Yancey-Thomas-Jr.htm

I hope this helps.  

Living With Disabilities

All Answers


Answers by Expert:


Ask Experts

Volunteer


Jon Eriquezzo, MS

Expertise

Serving people who have disabilities to live in their community. Also federal and state regulation relate to disability services.

Experience

Jon is the vice president of innovation for the Crotched Mountain Foundation. Jon is responsible for ensuring the long-term growth of Crotched Mountain School and building upon its stature as a leader in special education. He also oversees ATECH Services in Concord, NH, with a focus on aligning ATECH's innovative services with the needs of the community.   Prior to assuming this role, Jon was the executive director of Crotched Mountain Residential Services where he provided housing, residential and day supports to nearly 200 children, adults and seniors.   Jon has worked in the disability-related field for 35 years and has provided housing and support services to people with disabilities throughout Connecticut, Massachusetts, Maine, New Hampshire and New York. A graduate of Springfield College, Jon holds a master's degree in Organizational Management and Leadership, a bachelor of science degree in Human Services and a certificate in Community Healthcare Management from Antioch University New England. He is a faculty member of Granite State College and teaches through the New Hampshire Department of Children, Youth and Families (DCYF) training partnership.

Organizations
New Hampshire Residential Provider Network, Private Provider Network, ANCOR

Publications
The New Hampshire Challenge

Education/Credentials
MS Organizational Management and Leadership and BS in Human Services from Springfield College Community Health Care Management Certificate from Antioch University

©2016 About.com. All rights reserved.