Q: In Utah do they have a law that protects employees with a disability caused by COVID long haulers (Post Covid)?
I work for insurance company, and I have Covid long haulers. I have an accommodation oh file to address my disability. I have some difficulty with cognition at times. I have done better recently and continue to improve with treatment. But my doctor states I will never be like I was before Covid. I met my metrics before COVID. My Boss thinks I should still be able too. When I improve, she only finds something else wrong. The last two week I improved my metrics, the ones she said I had to. Now she is finding things wrong with the phone audits. I have been audited by others and they give me high scores. I will be reviewing the calls she audited. but when I bring things up I disagree with. I feel I am retaliated against by her. I was told by my boss that I have to make up the time for the extra breaks, if I take them, but I was told by HR I need to report it on my FMLA, that will decrease the time I am allowed even though I am not using it, I need to know my disability rights.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- (916) 704-3009
- View Profile
- Answered
A:
In Utah, employees with disabilities, including those caused by COVID long haulers, are protected under both state and federal laws. The Americans with Disabilities Act (ADA) requires employers to provide reasonable accommodations for employees with disabilities. This includes making adjustments to your work environment or schedule to help you perform your job duties. Since you have an accommodation on file, your employer must honor it and cannot retaliate against you for using it.
If your boss is finding new issues with your performance despite your improvement, this might be a form of discrimination or retaliation, which is illegal. It's important to document these interactions and any discrepancies in how your work is evaluated compared to others. This documentation can be useful if you need to file a complaint with your company's HR department or a government agency like the Equal Employment Opportunity Commission (EEOC).
Regarding your FMLA leave, it's crucial to clarify with HR how your breaks should be reported. You should not be penalized for taking medically necessary breaks as part of your accommodation. Consider seeking advice from an attorney who has experience in employment law to ensure your rights are protected and to help navigate this challenging situation. Remember, you have the right to work in an environment free from discrimination and retaliation.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
