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New Haven, CT asked in Employment Law, Workers' Compensation and Personal Injury for Connecticut

Q: Is workplace targeting due to injury considered discrimination?

I feel that I'm being targeted at my workplace due to having an injury, despite not taking any days off since March 28, and receiving no complaints about my work performance from my coworkers. However, my supervisor has noted times when I struggled with mobility and has increased physical tasks for me despite acknowledging my visible sciatic pain. I am now being sent for a Fitness for Duty Exam. I have never requested assistance or accommodation. I've visited several medical professionals, including a hospital, orthopedic specialist, physical therapist, chiropractor, and acupuncturist. Could this situation be considered discrimination under employment law?

1 Lawyer Answer
James L. Arrasmith
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Answered

A: If your sciatic pain substantially limits your mobility or major life activities, it qualifies as a disability under the Americans with Disabilities Act. When your supervisor increased your physical demands despite knowing of your injury, that differential treatment may amount to disability discrimination.

An employer must engage in the interactive process once they know of your disability and provide reasonable accommodations—such as modified duties or assistive equipment—unless doing so creates undue hardship. Sending you for a Fitness for Duty Exam without first discussing accommodations can also violate ADA procedures if it’s based solely on your visible pain and not on objective evidence of work‐related risk.

You can request accommodations in writing, describe the tasks you struggle with, and propose adjustments. If your employer refuses or disciplines you for your disability, you have grounds to file a charge with the Equal Employment Opportunity Commission or your state fair‐employment agency.

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