<<Disclaimer: Verify this information before applying it to your situation.>>

I worked in employment and employee benefits for 15 years until 7
years ago when I had a baby and stayed home to raise her. My
expertise is way out of date, but I have a few ideas for you. First,
each state has different laws so focus on the responses you get from
Arizona. someone's experiences in Michigan may not be applicable to
your friend. Second, ADA requires the employer make "reasonable
accommodations" for the disability. Has the employer tried to do
this? Even if these attempts seem to fall short, the employer could
be within ADA if they tried. Also, is the employer aware of the
health problem.? The employer cannot accommodate a disability they do
not know about. If they are unaware of the full story it could appear
that your friend is just a hypochondriac and the employer is loosing
too much work time to deal with it. Just because the employer is
paying insurance claims may not mean they are aware of what is going
on. These functions are generally handled by different people than
those that are dealing with employee termination issues. Also, even
if they are aware of the payments, they are most likely only aware of
costs and not diagnosis.

I am not trying to sound like I am taking the employer's side. But,
more than once I have had experience when we did the wrong thing
because the employee did not tell us the whole story. They
(understandably) wanted to maintain some privacy, but wanted
accommodations as well. It is hard to do both.

There should be a state office in Arizona who deals with
discrimination and ADA issues. It may also be helpful to contact that
agency.

Good Luck to your friend.
----------------
I was just fired from my job while still on employer paid short term
disability. My lawyer says it depends on if they can say it caused a
hardship to have you missing so much work. She is reviewing my case
right now to see if I have a wrongfull termination case. The celiac
has not been diagnosed, but I am being tested for further immune
system disorders and my doctor believes I have Chronic Fatigue
Syndrome now. I am still GF though because eatting gluten makes me
very sick but I am going onto long term disabilty so I may not fight
my employer in court. So can they fire someone...yup...is it
legal?...I don't know yet. :)
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I was sick for quite sometime before they finally diagnoised me with
celiac... I applied for ss as soon as I became sick as I was unable
to work... even leave home... finally I was diagnosed and went before
a ss Judge and he gave me Temporary disabiltiy but thats been about
three years ago and they have not had me come back in yet ... and I'm
not calling them... want to keep it as long as I can as I don't think
I'll be able to work for someone else again as it took alot out of
me... even to this day ... I often feel weak and have stomach
problems. Just tell her to keep fighting.. I was turned down many
times.
____________
This sounds similar to my situation at the moment. I was just
diagnosed in February 2002. In March my boss threatened me with
disciplinary action because of conflicts in my office while I was
still undiagnosed. I have been struggling with my health and the
stress of losing my job all at once. I am working closely with my
Union Representative to keep a job in my School District. (I have
been moved out of my position.) I would be very interested if anyone
else is going through this or has gone through this. Any information
would be most appreciated.
--------------------------
I'm an RN who used to work for the American Red Cross in blood
collection. Before diagnosis I was losing a lot of time due to
reactions. Someone suggested that if I had a doctor's note I would
qualify for time off as needed under the Family and Emergency Leave
Act. At that time the doctor was calling it IBS. It worked. I was
allowed to call off work and had to cite this as a "Family and
Emergency Leave Act day". At the end of 12 months I was told that
this was no longer valid and I would have to wait another 12 months
before I could reapply for it. The Red Cross gives you so many days
off per year whether sick or vacation. When they are used up, that's
it. Also, they count "occurrences". I was called into the office in
Philadelphia to be verbally counseled about my occurrences. I think
they warn you at 6 for a floating year, 7 gives you a written warning
and you're out the door at 8 if I remember correctly. Anyway, I was
saved (????) by a more serious illness manifesting itself and causing
total permanent disability. The other illness, Sjogren's syndrome, is
one of those secondary autoimmune illnesses you can get if celiac
goes untreated. It is causing me nasty neurological problems. I only
found the celiac by being tested at my cousin's urging when she
discovered hers, within a month of the Sjogren's diagnosis. I never
pursued the legal aspects of this, didn't need to with the timing of
the other illness. Good luck for your friend.
-----------
Hi,

I lost so much work time due to "intestinal flu" and to other
disorders like arthritis (that in hindsight I recognize as
gluten-related), that my employer demanded to see notes from my
doctor whenever I was out sick. I did that, and also brought in my
doctor bill, so he could see the number of my visits in the past
billing period. Shut him up a bit.

That was in my 20s; I was not diagnosed until my mid-50s, and now
have multiple auto-immune conditions. The Red Cross won't touch my
blood with a ten-foot pole because of my multiple diagnoses and
experimental medications like Gastrocrom.

More recently, last year my manager harassed me for loss of time due
to legitimate illness and threatened me with loss of earned vacation
time. His superior knew me better, and that I was a good worker, and
basically gave my boss hell. I am not being persecuted at the moment.

I hope this helps. I lost many days of work (and before that, school)
due to illness over the years, but always did a good job and got good
reviews (and grades). My hard work didn't cut the mustard with my
current idiot supervisor, but I was lucky to have an ally upstairs
from him.
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