MS Workplace Accommodations Led to a Lengthy Legal Battle
I was diagnosed in October 2011 at 40 years old. I am 53 now, and until mid-2021, I refused to use MS as a reason I couldn't do something. I have been on various DMT medications throughout the years. Some of these had side effects, and my wonderful neurologist always worked closely to do what was best for me. She reminded me that MS is different for every person and that when I would have new symptoms, usually they would go away.
When things started to change at work
That is until June 2021, when I began to have muscle weakness and extreme fatigue that did not seem to go away, no matter how much I tried. I have worked for 21 years at a federal government agency. Even though I made sure to get FMLA approval each year, I only used leave if I had to because I had worked my way up to manager in 2009 and truly loved my job. Beginning in September 2022, I began repeatedly asking for reasonable accommodations due to working 10-12 hour days 6 days a week for many weeks. When I was “off” for any reason on Monday through Saturday, I still had to be actively involved and ensure all clear was completed for 3 offices.
I decided to stand up for my rights
In December 2022, I filed a complaint about the denial of my rights for help due to my disability. I explained my situation to multiple upper-level managers when I requested help from each. After I filed, it was nothing but a battle with them from the start. I was told in September 2023 that I was not allowed to work because my request was denied. Luckily, I had saved my leave, so for 8 months ending in June 2024, I received my pay. I hired a lawyer in December 2023 and have paid $22K in attorney fees for help with taking my complaint to a hearing.
When my lawyer blindsided me
He reassured me of our standing when I hired him because I have undeniable evidence and emails showing intentional harm, including being told that I could not use my personal issues as an excuse for not doing my job. Now, I am going without pay, and the attorney suddenly comes to the conclusion that my case will not win at the hearing and is pushing me to settle for half a year's salary and no attorney fees paid. I have to resign if my disability benefits are denied and release the Federal Government from all liability in the past and future if at all related to my employment. I am losing everything. My spouse and I lost the new home that we were relocating to for him to work because of them dragging out a legal right of mine and denying it after over a year. It's not right that just because they are part of the Federal Government, they are not held accountable for obvious disability discrimination.
I would love to know if anyone else has had a similar situation and any advice you may have.
Thanks,
TLM
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