Wednesday, October 01, 2014
Saturday, October 17, 2009 Ericaneedshelp, Community Member, asks

Q: Is there some where I can get specifics on case law for ADA?

I'm try to find the actual bill that I can print up, I look on the ADA web site but it doesn't really say the word "migraine". I've used up all of my FMLA time for the year and am afraid my employer might try to fire me if I use anymore time. If I have something to fall back on that would truely help.

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Answers (2)
Nancy Harris Bonk, Community Member
10/19/09 9:56pm

 Hi Ericaneedshelp,

 

 

These articles, Working with Migraines: Rights under the Americans with Disabilities Act is information Megan Oltman has written that may be what you are looking for.

 

Bringing it All Together - Can You Use FMLA and ADA at the same time?

 

  

If not, please let me know, ok?

 

Good luck

Nancy

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Ericaneedshelp, Community Member
10/20/09 5:52pm

Thank you this does help! I hope it doesn't come to it , but at least I have something if they try and fire me for not having any FMLA time left.

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Megan Oltman, Community Member
10/21/09 10:44pm

Hi Ericaneedshelp -

 

I'm glad the articles were helpful for you. The ADA doesn't specificallly mention Migraine or any other condition. But the new 2009 amendments to the ADA make it very clear that it applies to episodic conditions (like Migraine), conditions which disable us when they occur, not all the time. There is a large body of case law under the ADA establishing Migraine as a disability that is covered under the act, but I don't know of any one place you can go to see the case law.

 

One of the leading cases is Kimbro v. Atlantic Richfield Co., 889 F.2d 869 (9th Cir. 1989), in which the Federal 9th Circuit Court of Appeals held that a migraineur could be found to be discriminated against under the ADA if his employer had refused to accommodate his disability. Unfortunately, the plaintiff in that case had never asked for accommodations, so he lost the main part of his case but made great legal precedent for the rest of us. The point there is that your employer needs to know that you have the condition and you have to ask for accommodations.

 

Good luck to you!

 

- Megan

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Ericaneedshelp, Community Member
10/22/09 6:02pm

My employer definitely knows I have the migraines, my question to you is when you say have I ask for accommodations is? I work is a very large office with mostly women who where wear perfume, which is a major trigger for me, on numerous occasions I have had to leave work because someone has either sprayed perfume or had too much on. I have made complained to a couple to my supervisors and ever to one of the higher up bosses.

 

We also have florescent light in my office which don't bother me all the time , but when I have a migraine I will try to take my sunglasses to work with me and sit in our backroom and work. Now a few times knowing that I have a migraine the supervisors will still tell me I cannot sit down and work I have to take my sunglasses off and return to my job posting, which is working at our front counter, working with the public and you can just imagine with a migraine how well that goes over , so I just end up going home sick because I cannot stay at work.

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Ericaneedshelp, Community Member
10/22/09 6:04pm

I have not ever given my employer any specific requests in writing, they don't like me very well because I'm out with my migraines so much and now that I 'm out FMLA time I am scared. My union rep has asked me to print her something from the ADA so she can continue to try and fight for me.

Erica

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victoria, Community Member
8/24/10 9:39am

I find myself in a similar situation. Ive been out ill due to migraines and dont have enough hours to qualify for FMLA. I would like to know what happened to your case and what your union did for you. I am in a union also.

 

 

Thanks

Victoria

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By Ericaneedshelp, Community Member— Last Modified: 11/15/10, First Published: 10/17/09