Good Employee & ADA lawsuit

An employee’s migraines often force her to take time off. She’s now pushing for a promotion but we hesitate to give it to her. She’s a good employee, but managers can’t miss so many days. Are we setting ourselves up for an ADA lawsuit?

Employees qualify for ADA protection if they can perform the essential – as opposed to marginal or incidental – functions of the position with or without reasonable accommodation. Your concern is that for a manager, there’s nothing marginal or incidental about being present and at the top of your game. A 2003 10th Circuit Court of Appeals case (Croy v. Cobe Laboratories) suggests your employee would probably not qualify as disabled. In that case, a lab worker with multiple sclerosis sued claiming she was denied a promotion because of her MS. However, the court ruled that her symptoms – fatigue, dizziness and headaches – didn’t prevent her from doing her job. She received good performance reviews, which reinforced the company’s position that she was a great employee, at least when she was there. So, the court said, she wasn’t disabled and couldn’t blame her lack of promotion on discrimination.

Maikel Nabih Abdel – Malik

Address: 205 El Teraa El Bolaqia St., Shubra, Cairo, Egypt.
Postal Code: 11241, Cairo.
Email Address: maikelnabih@yahoo.com
Phone Number: +(0202) 22312196
Fax Number: +(0202) 22312196

Personal Information:
 Marital status: Single.
 Gender: Male.
 Nationality: Egyptian.
 Date of Birth: 25 May 1982.
 Place of Birth: Cairo.
 Military status: Exempted.

Career Objective:
 Position Sought: IT Assistant - IT Specialist (Computer & Information Systems).
 Seeking a challenging position in well-established known company where my professional and skills can be improved and fully utilized with the ability to update myself continuously according to the company’s requirements and Qualifications and to be more professional.

Education:
Date Attended: 4 Years.
University: Integrated Thebes Academy for Science.
Faculty: Higher Thebes's Institute for Management and Information Technology.
Equivalent From Supreme Council of Universities to "Management Information Systems (MIS)".
Graduation Date : 2003.
Equivalent Date : 2005.
Section : English Section.
Graduation Grade : Pass.
GPA : 1.85 on a Scale of 4 Points.
Giza, Egypt.
Bachelor's Degree in Computer Science.
Major: Computer & Information Systems.
Business Administration - Faculty of Commerce.

Graduation Projects:
FIRST: Design & Built a Database and Forms By V.Basic 6.0 General Grade EXCELLENT.

SECOND: Design & Built a Website and Links With a DB General Grade EXCELLENT.

Languages:
Arabic : Mother Tongue.
English : Very Good.
French : Fair.

Summary of qualifications:
Computer Skills:
 Windows : Excellent.
 Word : Excellent.
 Front Page : V.Good.
 Internet : V.Good.
 Flash MX : V.Good.
 PowerPoint : Good.
 Excel : Good.
 Access : Good.
 Typing : 25 – 30 WPM.
 Others : Excellent Knowledge PCs Applications.
 Computer Maintenance : Hardware and Software.

Programming Skills:
 Visual Basic 6.0 : V.Good.
 C ++ : V.Good.
 HTML : Good.

Personal Skills:
 Creative, self motivated, reliable, dynamic and hard working.
 Good at meeting deadlines.
 Ability to work individually and as an effective team Member.
 Ability to work effectively under pressure.
 Ability to learn new tasks quickly.
 Conducted meeting and work discussions.
 Professional appearance and high professional standard.
 Good communication skills.
 Did not filling poor in work.

Training Courses:
 From: 01/10/2002 to 30/10/2002.
 Course Name: Visual Basic 6.0.
 Grade: V.Good.
 Name of Training: Institute Hady Center for Computers & Education.

Experiences:
 V.Basic 6.0. Programming.
 C ++.
 HTML.
 Microsoft Windows.
 Microsoft Office.
 Internet Navigation.
 Computer Maintenance.
 Data Entry.
 Flash MX.

Work Experience:
 From: 01/02/2004 to 01/05/2007.
 Company Name: Merit Company for Supplies and Trading.
 Position: IT Assistant.
 Work Field: Information Technology.
 Job Role/Responsibility: Technical Support and Helpdesk Officer in Information Technology Department.
 Total Years of Experience: Three Years Experience.
 Last Monthly Salary: 500 L.E

Target Job:
 Job Location: Egypt Only.
 Career Level: Over Three Years Experience.
 Industry: Computer/Hardware; Computer/Software; Human Resources; Information Technology; Technical Support/Helpdesk Officer; Internet/E-commerce; Administration; Secretarial; Computer Maintenance.
 Employment Status: Full time.
 Notice Period to Work: Immediately.

Name: Maikel Nabih Abdel – Malik.
Phone: +(0202) 22312196