YOUR BOSS CANNOT FIRE YOU BECAUSE YOU NEED TO TAKE TIME OFF WORK TO TREAT YOUR HERNIA.
A hernia is a protrusion of tissue or part of an organ through the body’s muscular tissue. Most often, hernias occur in the abdomen. Symptoms of a hernia include pain at the site, a visible lump, or more vague symptoms that result from pressure on an organ which has become stuck in the hernia. It is very important to receive prompt treatment for your hernia. It is also imperative that you do not aggravate the hernia with manual labor and heavy lifting.
Some examples of ways in which your boss may have discriminated against you on the basis of your hernia include not allowing you to miss work for medical appointments, not accommodating your need to take a reasonable amount of time off work, not providing you with at-work accommodations for your hernia, and/or not accommodating your need to refrain from heavy lifting or manual labor.
If you have a hernia and your boss has treated you less favorably because of your hernia, you may be able to bring an employment claim. First, you must be able to show that your hernia meets the legal definition of a disability. In addition, you must be able to show that your disability has resulted in physical limitations, that you can still perform the essential functions of your job, that your boss has taken some form of adverse action against you. Adverse actions may include not hiring, firing, or demoting you on the basis of your hernia. If you have been a victim of employment discrimination, get help now. Contact the skilled attorneys at Greenberg & Rudman LLP. You can reach us at 1-800-ALAWPRO or 1-800-252-9776 for a free consultation. You can also visit us at www.discriminationattorney.com to learn more.
