Seizures - Employer Not Respecting Medical Illness - Arizona

Good Afternoon;

After my boyfriend was stabbed about 2 years ago, he's had real bad seizures - they have been lasting over 3 to 5 minutes. Even though he has seizures, because he can work, he can not go on SSI - even though his seizures are now considered deadly because they are over 4 minutes.

What causes his seizures are lack of sleep, stress, and caffeine. However, because his job makes him work crazy hours throughout the week (from 10:00pm to 6:00am then the same day return to work from 2:00pm to 10:00pm – then goes back to work the following morning from 6:00am to 2:00pm then the same day from 10:00pm to 6:00am); he is not getting his proper sleep and he also has to drink energy drinks (caffeine) to keep himself awake to work (he travels 2 hrs on the bus to and from work each way).

He does not have any insurance and he can't get any government medical help because they claim he makes $300.00 over the approved amount (he works at a service station). He not only can't afford any medical help at this time due to over $16,000 of medical bills that he's almost finished paying, but he currently can’t afford to see a doctor nor any funds for his medications, too.

His job is aware of his seizures, but because he has to have some kind of form filled out by a doctor and a government agency that shows that he has seizures, he has to go to fulfill the manager’s work schedule – she is not a nice person, whatsoever and doesn’t care for anyone – even has yelling arguments with customers and takes money from employees checks. The police has even been called on her by customers, too. So we’re not dealing with someone who has any compassion, whatsoever.

And even though he had a seizure like this morning and two hours before he went to work, he fears calling his job not being able to work and needing proper rest because they can legally fire him and he would not have any repercussion of his medical situation because the proper forms are not filled out.

The problem is, no one is telling him where he’s suppose to locate these so-called forms from. Further, when his schedule was from 6:00am to 2:00pm and getting his proper rest for a month, he did not get any seizures. But because his manager changed his schedule again, he has had more constant seizures.

Please help him any way that you can – he needs immediate help!

Thank you!

Sara J

A.R.S 41-146 F. With respect to an individual with a disability, it is an unlawful employment practice for a covered entity to:

1. Participate in any contractual or other arrangement or relationship that has the effect of subjecting a qualified individual with a disability who applies with or who is employed by the covered entity to unlawful employment discrimination.
2. Use standards, criteria or methods of administration that have the effect of discriminating on the basis of disability or that perpetuate the discrimination of others who are subject to common administrative control.
3. Exclude or otherwise deny equal jobs or benefits to a qualified individual because of the known disability of an individual with whom the qualified individual is known to have a relationship or association.
4. Not make reasonable accommodations to the known physical or mental limitations of an otherwise qualified individual with a disability who is an applicant or employee unless the covered entity can demonstrate that the accommodation would impose an undue hardship on the operation of the business of the covered entity.
5. Deny employment opportunities to a job applicant or employee who is an otherwise qualified individual with a disability if the denial is based on the need of the covered entity to make reasonable accommodation to the physical or mental impairment of the applicant or employee.
6. Use qualification standards, employment tests or other selection criteria that screen out or tend to screen out an individual with a disability or a class of individuals with disabilities, unless the standard, test or other selection criteria, as used by the covered entity, is shown to be job related for the position in question and is consistent with business necessity.
7. Fail to select and administer tests relating to employment in the most effective manner to ensure that, when the test is administered to a job applicant or employee who has a disability that impairs sensory, manual or speaking skills, the test results accurately reflect the skills, aptitude or whatever other factor of the applicant or employee that the test purports to measure, rather than reflecting the impaired sensory, manual or speaking skills of the applicant or employee, except if the skills are the factors that the test purports to measure.

Bare with me I am still checking the state codes, how many employees does the employer have?
JoeC (McGruff)

It appears Arizona requires a reasonable accommodation be made for an employee with a disability if the employer employer employs over 15 people. This mirrors the the Federal ADA as well. There are no special forms other than the doctors note explaining the disability, the employee only has to notify the employer of the disability a which point the employer has to engage in the interactive proses (a meeting of the minds) to discuss reasonable accommodation, and explore the options.

The employer only has to provide an accommodations reasonable, and not what the employee wants. It appears in your case the employee requires some type of scheduling arrangement. I f the employer once made aware of the disability refuses to engage in the interactive process and some type of adverse employment action happens this could make the employer liable for damages.

Check with an attorney in Arizona to discuss avenues to pursue while he is still employed, keep good records of contacts made with the employer or their agent in requesting a reasonable accommodation.

ARS 41-1461 excerts

In this article, unless the context otherwise requires:

2. "Disability" means, with respect to an individual, except any impairment caused by current use of illegal drugs, any of the following:
(a) A physical or mental impairment that substantially limits one or more of the major life activities of the individual.
(b) A record of such a physical or mental impairment.
(c) Being regarded as having such a physical or mental impairment.

8. "Qualified individual with a disability" means a person with a disability who, with or without reasonable accommodation, is capable of performing the essential functions of the employment position that the individual holds or desires.
9. "Reasonable accommodation" includes:
(a) Making existing facilities used by employees readily accessible to and usable by individuals with disabilities.
(b) Job restructuring, part-time or modified work schedules, reassignment to a vacant position, acquisition or modification of equipment or devices, appropriate adjustment or modification of examinations, training materials or policies, the provision of qualified readers or interpreters and other similar accommodations for individuals with disabilities

11. "Undue hardship":
(a) Means an action requiring significant difficulty or expense when considered in light of the factors set forth in subdivision (b) of this paragraph.
(b) When determining whether an accommodation would impose an undue hardship on a covered entity, factors to be considered include:
(i) The nature and cost of the accommodations needed under this article.
(ii) The overall financial resources of the facility or facilities involved in the provision of the reasonable accommodation, the number of persons employed at the facility, the effect on expenses and resources of the facility and any other impact of the accommodation on the operation of the facility.
(iii) The overall financial resources of the covered entity, the overall size of the business of the covered entity with respect to the number of its employees and the number, type and location of its facilities.
(iv) The type of operation or operations of the covered entity, including the composition, structure and functions of the workforce of the covered entity.
4. "Employer":
(a) Means a person who has fifteen or more employees for each working day in each of twenty or more calendar weeks in the current or preceding calendar year, and any agent of that person, except that to the extent that any person is alleged to have committed any act of sexual harassment, employer means, for purposes of administrative and civil actions regarding those allegations of sexual harassment,

Arizona also has a wrongfully termination statute codified in to the labor code this unique as well and offerers refuge. Click- http://www.azleg.gov/FormatDocument.asp?inDoc=/ars/23/01501.htm&Title=23&DocType=ARS

JoeC (McGruff)

Wow!

You have been amazingly helpful! I truly appreciate you to the fullest!

I will print this and give it to my boyfriend as soon as possible! Also, I will do further research per your information, too!

And for the record, there are only 4 employees that work at that specific service station location that my boyfriend is employed.

Any further information found on this issue will always be highly appreciated!

Again, THANK YOU!

Sara J

ps would you have any information regarding a form that my boyfriend is suppose to fill-out for Arizona State records that shows his medical condition to prevent him from being terminated from his employment in case he has to call in sick from work? We don't know where to get this form from. Would you even have an idea where to possibly search as to where this form may exist?

That form stuff sounds like bullshit. The only form I know of is a Form WH-380-E, but thats for Family Medical act leave, your boy friends employer only has four employees, the employer has to have 50 or more employees on the payroll for him to qualify. Ask the employer for a copy of such a form, if one exists. You really need a lawyer your hobbled without one. Four employers does meet the threshold for the state disability law. However under AZ wrongful termination statute it may. I cant say for sure only a practicing attorney in AZ can guide you on that one. I'll post some links if you want to study the whole ARS on the topic.
JoeC (McGruff)

Discrimination in employment:
http://www.azleg.gov/FormatDocument.asp?inDoc=/ars/41/01461.htm&Title=41&DocType=ARS
http://www.azleg.gov/FormatDocument.asp?inDoc=/ars/41/01462.htm&Title=41&DocType=ARS
http://www.azleg.gov/FormatDocument.asp?inDoc=/ars/41/01463.htm&Title=41&DocType=ARS
http://www.azleg.gov/FormatDocument.asp?inDoc=/ars/41/01464.htm&Title=41&DocType=ARS
http://www.azleg.gov/FormatDocument.asp?inDoc=/ars/41/01465.htm&Title=41&DocType=ARS
http://www.azleg.gov/FormatDocument.asp?inDoc=/ars/41/01466.htm&Title=41&DocType=ARS
http://www.azleg.gov/FormatDocument.asp?inDoc=/ars/41/01467.htm&Title=41&DocType=ARS
ARS 23 (Labor code)
http://www.azleg.gov/ArizonaRevisedStatutes.asp?Title=23

JoeC (McGruff)

Thank you so very much for your time and information!

Would you so happen to know of any attorneys in Arizona that will give free legal advise? My boyfriends seizures has caused due financial stress!

Again, THANK YOU! :-)

Sara J

Unfortunately there are no Arizona attorneys posting on this site. If you find one feel free to put it in the attorney client forum. This is NELA website they deal with employment law exclusively just punch in your zip code and start writing:

http://www.nela.org/NELA/index.cfm?event=showAppPage&pg=members&membersAction=membersSearchResults&configid=105&showfullpage=1
JoeC (McGruff)

Great attorney search link you gave me below!

I'm definitely in the right direction for legal help for my boyfriend and me!

Thank you!

Sara J


http://www.nela.org/NELA/index.cfm?event=showAppPage&pg=members&membersAction=membersSearchResults&configid=105&showfullpage=1

Glad it helped.
JoeC (McGruff)