The Whistleblower Protection Act And How It Pertains To A Disability
Whistleblowers are hitting the headlines on a regular basis as they report on misdoings by individuals and companies that often bags them a hefty monetary award under the guise of qui tam law. Invariably these high profile cases involve fraud against the government but what happens
if you have arthritis, for example, and you believe that your boss is discriminating against you? Who can you report this misdoing to and would there be any whistleblower protection in place?
What is arthritis?
Arthritis is not a single disease but is actually a term that includes around 100 medical conditions. It affects the musculoskeletal system, and in particular the joints. It's also the main cause of disability in people over the age of 55, although it can occur in much younger people. Rheumatoid arthritis is an inflammatory form of arthritis that results in painful swelling. If left untreated this condition could also lead to deformity. Infectious arthritis, or septic arthritis is more common in those people already suffering with some form of arthritis and occurs when an infection enters the bloodstream. The most common form of arthritis, however, is osteoarthritis arthritis, which is when the cartilage stiffens up and becomes easily prone to damage. As the cartilage gets damaged ligaments and tendons stretch causing considerable pain and the bones may even rub together.
Arthritis of any form constitutes a degree of pain. This pain may vary according to the time of the day and it may be painful in different areas. It can be treated by a combination of medication, occupational therapy and physical therapy, and in extreme cases may involve joint replacements.
If you have lost your job or feel you are discriminated against because of your arthritis, then your best course of action is to contact an experience attorney. He will be able to advise you of your rights and what the Whistleblower Protection Act affords you.
How you may be discriminated against
- your employer won't let you take time off work to attend medical appointments
- your employer fails to accommodate your need to take a reasonable amount of time off work
- your employer fails to allow you regular breaks to rest your joints
- Your employer fails to provide reasonable on-site accommodation for your disability
- your employer fails to provide arthritic friendly equipment, such as a special keyboard or chair
How the law protects you if you have arthritis
To file for disability discrimination, you would first have to be disabled, considered disabled, or have a record of being disabled. You would then need to show that:
- your disability means you have certain physical limitations
- you can perform the essential tasks of your job (with or without reasonable accommodation)
- your employer took an adverse action such as firing, not hiring, or demoting your job because of your disability
Under the Americans with Disabilities Act and the California Fair Employment Housing Act an employer is not permitted to take adverse actions against an individual based solely on their disability. This includes discriminatory sacking, hiring, or provision of reasonable accommodation. Having arthritis is a disability eligible for protection against discrimination, provided that the arthritis does actually limit the sufferer's ability to work.
Your employer has an obligation to reasonably accommodate your arthritis so that you can carry out the essential functions of your job role. This may mean allowing you time off for medical appointments, letting you take reasonable breaks for your work to rest your joints, and in some cases providing you with special equipment.
Whistleblower protection will safeguard your job if your employer fails to provide necessary accommodations but if you, the employee, cannot perform the essential duties of your job, even with your employer providing reasonable accommodations, then you will not be able to claim against your employer who fires or demotes you for this reason.
