Under the ADA laws does a person that suffers from migraines qualify as a disabled person?
Our 19 year old daughter suffers from migraines, and has since she was a small child. She was at work(a new job) when she started to have a migraine, when she has these it leaves her with no little or no vision. She told a supervisor and was told that if she left she would be dismissed. I took her to the hospital for treatment and the following morning she was indeed dismissed.
2 Answers from Attorneys
Re: ADA coverage
The ADA covers two groups- those with disabilities, and those who are perceived to have disabilities. It sounds as though your daughter may qualify under the first group.
The real question to answer is; could she do her job with reasonable accomodation by her employer, as in flexible scheduling, assistance, etc.? If so, and if those accomodations are reasonable under the law, then she should work to protect her claim. This means filing with the EEOC and/or the Missouri Human rights commission. This must be done soon, as there are strict time limits for filing a claim.
Re: ADA coverage
The ADA requires that an employee be able to perform the "essential functions" of their job with or without reasonable accomodation. Has she asked for any accomodation and if so what was the nature of her request. Without that information I am not able to answer whether she has a claim or not. In additon the definition of a disability is a limitation on one or more major life activity, working is a recognized major life activity, so it is possible that her disability might fall within the ADA. Personally, I would recommend that you consider thwe MHRA, the Missouri Human Rights Act which mirrors the ADA but might be more receptive to a claim such as hers. Keep in mind that every claim requires that a claim be filed with either the EEOC or the MHRC before it can be actionable. Any questions, I can be reached at [email protected]
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