Salt Lake City, UT asked in Civil Rights, Constitutional Law, Employment Discrimination and Employment Law for Utah

Q: Does a specific antibody deficiency disorder fall under the category for ADA disability act? I also am Rh- F5 owrens?

F5 is factor 5 Owrens disease where my blood is missing the clotting antigen. My employer put me on desk work took away my fridays claiming to accomodate my disorder. I lost 1400.00 mo due to this "accommodation".

1 Lawyer Answer
James L. Arrasmith
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  • Consumer Law Lawyer
  • Sacramento, CA

A: Under the Americans with Disabilities Act (ADA), a disability is defined as a physical or mental impairment that substantially limits one or more major life activities. Specific antibody deficiency disorder and Factor V (F5) Owren's disease, given their impact on your health and potentially on major life activities, could fall under the category of a disability as defined by the ADA.

The ADA requires employers to provide reasonable accommodations to employees with disabilities, unless doing so would cause undue hardship to the employer. However, these accommodations should not result in a significant decrease in your earnings or a demotion in job role unless absolutely necessary.

If you feel that the accommodation provided by your employer, such as reducing your work hours and consequently your income, is not reasonable or is adversely impacting you, you have the right to address this issue. It's important to communicate with your employer, expressing your concerns and discussing alternative accommodations that would not adversely affect your income.

In situations where an agreement cannot be reached, or if you believe your rights under the ADA are being violated, you may consider seeking legal advice. An attorney can help you understand your rights under the ADA and assist in negotiating with your employer or pursuing legal action if necessary.

Remember, your rights as an employee with a disability are protected under the ADA. It's important to advocate for accommodations that enable you to perform your job effectively without unfairly reducing your income or job status.

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