Legal Question in Disability Law in Pennsylvania

ADA Act

Is a person covered under the ADA Act at work if they have diabetes and heart disease?

I am unable to do some of the jobs at work now after 34 yrs.

If a worker gets hurt at work the company I work for lets them bump me off my job with no regard to my health issues.

Aren't I protected under the ADA Act too? No where does it say that if an employee injured at work can take another employees job at random.

We are a union shop but they are afraid of the ADA Act and won't help.


Asked on 4/14/07, 6:40 pm

2 Answers from Attorneys

Terrence Valko ERISA Disability Lawyer

Re: ADA Act

If your Employer has more than 25 employees, you may have a case. identify which major life activity has been negatively affected by the diabetes and heart disease.

Then, describe how a modification could be made to your normal job duties so that you might continue in the workforce. I am in Altoona if you need me.

Good Luck,

TV

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Answered on 4/19/07, 9:32 pm
Daniel Cevallos Cevallos & Wong, LLP

Re: ADA Act

Your message is very unclear as to the facts, but you may indeed have an employment claim depending on how you have been treated. Again, however, it is very unclear from the brief description above. Please send to me a detailed description, including the type of work, employer name, etc., via the e-mail below, and I can tell you more about your claim against your employer. You are right in that the ADA and other laws prevent against discrimination in the workplace. The procedure for filing a claim is first through the EEOC, where your attorney will file the papers, conference with the EEOC examiners, conduct negotiations with the employer, and if negotiations break down, then file suit against the employer. Employment claims are very fact specific, so it's important that you give us as much detail as you can so that I can tell you if we can help you, or find you someone that can.

Daniel Cevallos

Law Offices of Daniel L. Cevallos, PC

1420 Locust Street, Suite 24Q

Philadelphia, PA

19102

[email protected]

267.639.3105

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Answered on 4/15/07, 10:11 am


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