I believe that migraine is now - for sure - covered under the ADA Ammendment Act. My boss has "allowed" me to come in to work late and work late because of migraine. Our entire department is on a flexible schedule where people leave before business hours are over (an hour and a half before) yet acts weird toward me because I come in an hour and a half to two hours after business hours begin and stay late. He has made comments regarding my schedule since giving me this accomodation (even though it wasn't really much of one). He increased my salary and while he was telling me the good news, he also made the comment "I hope your coming in late is really due to your migraines and not something else". Last week when I went in to meet with him at 10am, he made a noise, looked at the clock, and made another noise - then proceeded with business. He does this often enough (the looking at the clock thing) that I find this offensive. He also has my performance with a co-worker who reminded him that I suffer from migraines and can't always concentrate because of pain and drugs - but he never approached me. He has dumped tons of work on me and I believe I have more responsibility than the two other people with the same job title. I have provided him with a doctor's note - twice. He's the head of HR, so I can't go to my supervisor or to HR. What can I do? Is this type of behavior harrassment? If so, would the EEOC consider it so?
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Dear PeaBrain -
You are correct that Migraine is a covered disability under the ADA and its amendments. It is a violation of the ADA to discriminate against a disabled individual in hiring, firing, advancement, compensation, or other terms, conditions and privileges of employment, and if you have informed your employer of your disability they have a duty to make reasonable accommodations to make it possible for you to fulfill your job. See Working with Migraines: Rights Under the Americans with Disabilities Act. Certainly if you have more work to do than others with the same job description, that is questionable under the act.
The question is whether your boss's behavior is bad enough to be considered harassment. For you to have a claim that the EEOC would recognize, the harassment must be so severe or pervasive that it creates a "hostile work environment," which could include making it very difficult for you to perform your job, subjecting you to a sense of threat or humiliation, or having a negative effect on your psychological well-being.
The wisest thing in a situation like this is to document everything, your start and end times at work, the dates of your Migraines, the amount of work you are given, the comments your boss makes. It may be best to have a straightforward conversation with your boss. He may need to hear from you that you know your rights; he may need some education about Migraine disease and the ADA; and he may need to know straight out that his comments are making you uncomfortable. If he does not respond well to that kind of conversation, you may need to consult an attorney at that point.
Good luck to you!
- Megan
PeaBrain~ I should be able to answer this, having been in the legal field for 21 years, but I can't. I face the exact same type of treatment in the law firm I work at, in addition to having a co-worker that is really out to get me because of this situation. Unfortunately, due to our small size, I don't qualify for the ADA Act. I guess I just wanted to shout out some support for you as a fellow sufferer. I hope you get your answer. More than that, I wish you health, friend, and an end to the suffering, as I wish for us all.
-Rhea-
I am so sorry to hear that you are treated this way. I have a manager that acts understanding, but has issues with my migraines. She says that she understands, even gets them herself-infrequently; but will not increase my hours at work. I work part time and hear from the other employees that she won't give me another day because she thinks I can't handle it. Her response when I confront her is that there isn't any available. God bless you.
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