Legal Question in Disability Law in Washington
Have I been discriminated against?
I had a heart attack mid Aug. 2006. When I returned my boss told me''I had to do your job for you while you were out and I don't appreciate it'' I felt very threatened. Within 3 months I was working 60-70 hours a week. My cardiologist said I can't b doing that. I dropped some subtle hints-nothing happened. Finally, I told him outright. He said he would get a temp. attorney to help me. Within 2 months they gave my job to the attorney and they are bringing him on full time. They fired a clerk and now want me to take over her duties. They want to freeze my present salary but demote me 2 full pay grades. I am a contract administrator who is 61 years of age and hold both a paralegal certificate and a contract manager's certificate. I feel that this is due to my boss believing I will have heart problems again and he will end up having to help out. Need some advice please.
3 Answers from Attorneys
Re: Have I been discriminated against?
You may have been (are being) discriminated against based on disability and age. If you'd like to send me some more information, I can be reached at:
Merry A. Kogut
www.keypeninsulalaw.com
Please let me know where you work, how many employees there are, and how long you've worked there.
Re: Have I been discriminated against?
Discrimination based on a perception that you may be disabled is in violation of the Americans with Disabilities Act. Your fact situation suggests potential claims based on family medical leave as well.
Disability discrimination law is a complex area of law, and you should consult with an experienced employment lawyer to determine the strength of your case and your options. Make sure you work with someone who has worked in this area of law extensively. Don't rely on a lawyer who has no experience.
Craig A. Crispin, Crispin Employment Lawyers, 6900 SW Oak Street, Suite 500, Portland, Oregon 97223. Licensed in Oregon (since 1982) and Washington (since 1981).
Re: Have I been discriminated against?
You need to make an appointment and go see Eileen Lawrence in Seattle. She is about the best there is with employment discrimination claims.
You can find her in the Lawyer Directory at www wsba dot org.
Elizabeth Powell
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