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Old 05-11-2011, 07:53 AM   #3
SpineAZ SpineAZ is offline
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Re: Is being cross eyed a disability?

A diagnosis does not equal a disability.

*Person has diabetes, is fired for having to give himself insulin shots, may have a case for discrimination.
*Person has diabetes, is fired for stealing from the company, can't claim disability discrimination as the firing has nothing to do with his diagnosis but solely due to his actions/behavior
*Person born with eyesight in only one eye, works as a Sales Manager, and every Sales Manager in the company is laid off when the company is bought out can't claim discrimination as it's not due to his diagnosis but due to business decisions.
*Person is a truck driver, has an accident in which he looses vision in his left eye may be disabled from that occupation. But may be trainable for a non-driving occupation. He may be able to eventually drive his car again but may not pass required tests for semi driving, etc. If after 12 wk on FMLA they can not find another job his employment can reasonably be severed without any claim for discrimination.
*Person works as an accountant, looses vision in his left eye. May be temporarily disabled while he adjusts and possibly be fully able to re-enter his occupation. or if the injury is so severe as to impact his balance, etc, he may be disabled for a longer term. IF the company policy is to terminate upon end of FMLA then that is not a cause for claim for discrimination.
*Person born without a left leg, becomes an accountant and is fired due to hitting a coworker can not claim discrimination as the loss of the job was not in any way affected by his condition, but by his behavior at work.


There is legislation called the Americans with Disabilities Act for employees in the US that helps make sure people are not denied jobs, promotions, etc based on disabilities UNLESS making accommodations for such is not reasonably possible.
*Manager at a cell phone dealer looses leg in accident. He requests a stool at the counter which has wheels to aid in mobility so as not to be on crutches all day. This is a reasonable accommodation and ADA is there to help make sure this can work.
*Semi truck driver develops uncontrolled diabetes with frequent hypoglycemic incidents where he passes out, and thus looses his CDL license. If after reasonable amount of time, and while on FMLA, the condition can not be stabilized the company can sever employment at the end of FMLA if there is no way he can do his job (which he can't) though many companies may seek to find him a dispatcher position (if they have it) to make a reasonable accommodation.

For anyone who goes out for any disabling condition, FMLA law allows 12 weeks of leave per year. Many employers terminate employment when the 12 weeks is reached Especially if 12 successive weeks due to employee's own condition. Not so much, for example, when employee caring for dying spouse and needs 1 wk a month for travel to another state for care. In that case many employers have unpaid leave available and can retain the employee. But even then if it's undue business burden the employee can be terminated when FMLA runs out and they continue to take time off for this.


Since you've had this condition all your life, it's only discriminatory firing when the employer states before, during or after employment that they need to remove you due to your crossed eyes.
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Last edited by SpineAZ; 05-11-2011 at 07:58 AM.

 
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