Legal Question in Discrimination Law in Virginia

I have crohns disease and it is causing me to be immobile on certain days, and on those days when i try to call in sick to work at McDonalds they write me up, is that right?

Asked on 11/02/14, 12:13 pm

1 Answer from Attorneys

Stephen B. Pershing Stephen B. Pershing, Esq.

Hi there--this isn't as easy a question as it sounds. Crohn's can be a disability under the Americans with Disabilities Act, even if intermittent, which means the employer may owe you a reasonable accommodation as long as it doesn't cause the employer undue hardship. As you can see, that's a balancing test. Shift work is notoriously difficult to evaluate for the sufficiency of the employer's proffered accommodation. Whether your particular condition qualifies as a disability under the ADA, and whether their accommodations are reasonable, all depend on the facts. How many co-workers do what you do? How much time off do you require? Could you work if permitted to visit the restroom as needed? And so on. It all can get pretty confusing. I'd be happy to take a closer look at your predicament, though--I'm a long-time civil rights lawyer, I represent plaintiffs, and I'm licensed in Va. and D.C. If you feel like it, call me at (202) 642-1431, or write me at [email protected] Good luck and hang in there. --Steve Pershing.

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Answered on 11/24/14, 11:11 pm

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