Workplace Discrimination Due To Migraines: Things To Know As A Migraine Sufferer

According to the Migraine Research Foundation, about 12 percent of the whole population in the United States suffers from migraines. While many people have migraines, these excruciating neurological events are one of the most commonly misunderstood and underestimated conditions. If you have migraines, there is a high probability of being discriminated against in your career, but this is not legal. Unfortunately, due to a lack of understanding, people with migraines can face a list of unfair treatments that could be grounds for a lawsuit for discrimination. Here is a look at a few things you should know as a migraine sufferer.

Properly notifying your employer of your condition is your first line of defense

A lot of people will never let their employer know that they have issues with migraines. However, it is actually better if you do get a statement from your doctor that details your condition so you can submit this proof to your employer. It is difficult to establish a discrimination claim with the help of an attorney if you never properly notified your employer that you have a physical disability that can get in the way of how you work at times. 

Your employer must make reasonable accommodations if you make a request due to your migraines

Migraines due tend to have certain triggers, and these triggers can vary from person to person. Bright lights, loud noises, certain odors, and even stress can be migraine triggers. If you make a request to your employer to be moved to a different location or to have some kind of simple accommodation, your employer does have to agree to those accommodations. According to the Americans with Disabilities Act (ADA), migraines can be deemed as a physical disability and employers do have to reasonably accommodate an individual with migraines that makes a request. 

You cannot legally be mistreated due to your condition

Having frequent migraines can mean there will be times you have to leave work unexpectedly, take a break when needed, or possibly call-in a little more frequently than others. If these are things you face, your employer cannot discriminate against you because of your condition. For example, if an employer cuts your hours because of your condition or lowers your pay, this could be legally deemed as a form of discrimination based on the ADA's guidelines. If these things happen to you, you may need to speak to a discrimination law office, such as the Law Offices of Jeffrey Needle.


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