Legal Question in Medical Leave in District of Columbia
Reply back
Under FMLA, upon your return to work, GWU must return you to the same or similar position with similar pay and benefits and nothing further, as far as I am aware.
As to the status of your requests under ADA, it would seem premature to make any judgments regarding what the University might or might not do with respect to your accommodation request, and you should wait until you know something definite one way or another before planning any further moves in regard to this issue(in my opinion).
Michael E. Hendrickson
Attorney & Counsellor at Law
211 North Union Street Suite 100
Alexandria, VA 22314
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I received a call right after receiving
this email from Attorney Hendrickson indicating to my
treating physician saying that
the University could not reassign
me unless I had a disability and was unable to perform the essential
functions of my current job. My
doctor has written and sent two
letters already making recommendations and indicating
that in his professional opinion my
severe depression and anxiety
protected me under ADA regulations. The University disagrees with his assesment.
Now what legal recourse or action
do I have at this point after 30
years of service?
1 Answer from Attorneys
Re: Reply back
If you've received a formal denial of your request under the ADA and believe that you are being discriminated against based upon a diagnosed disability, you may wish to file a formal complaint with your local EEOC office responsible for the Washington DC area. (You must file the complaint within 180 days of the last allegedly discriminatory action on the part of the employer.)
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