PDA

View Full Version : Disability Discrimination?


lorraine shandler
10-13-2004, 10:08 AM
My company has informed me and has documented that I am not dependable due to the fact I've used all my sick time (currently - I have 2 days left for the year that are unavailable yet). I'm disabilied due to a viral infection that damaged my heart four years ago. I've been with the company for 11 years and prior to my illness, I hardly ever used sick time. To make matters worse, the company I work for is a hospital and should be understanding. Who do I go to with this problem?

LConnell
10-13-2004, 10:16 AM
Has your employer offered you an accommodation? For example, have they offered to shift your schedule so that you can make appointments, etc.? Accommodation under the Americans with Disabilities Act does not go so far as to require the employer to permit the employee not to come to work on a consistent basis.

If you want to learn more about the protections afforded a person with a disability, you can read the website for the eeoc. It is at eeoc.gov

Let me know if you have any other questions.

crazy_4_goofy
10-14-2004, 08:47 PM
:confused: Over the past 6 months or so my boss has created an unpleasant work environment for me as well as others. I have had ongoing health issues and have missed a fair amount of time and have used all of my vacation hours. No illness to the point of disability but still has made it difficult for me to be as dependable as I once was. My boss has written me up for missing to much work. As of Tuesday she has threatned to cut back my hours if I do not improve my attendance. I have had Doctor's notes for the last major time off, which was only a week. And, I have been to the Dr so there is documentation that I am having ongoing health issues. We work in a hospital so I would think she would be a bit more understanding. I had a miscarriage and she was in my face yelling a me because I missed a day of work! I have been to our CEO and he does not feel that anything needs to be done. I feel she is harassing me and I am physically and mentally stressed to go to work anymore! Is there anything I can do?

LConnell
10-15-2004, 11:48 PM
Though you didn't bring up the topic of discrimination, I want to ensure that there is an understanding that harassment/discrimination is illegal if she has singled you out on the basis of your age, race, religion, disability, national origin, race or gender. Pregnancy status is also protected BUT it does not mean that all absences as a result of pregnancy must be excused. Instead, it means that if a person is treated differently than others because of her pregnancy.

You ask what you can do...if you are physically and mentally stressed and your doctor documents that there is a direct link between work and your stress, you may be able to file for workers compensation. However, keep in mind that some jurisdictions are more likely to accept stress as a valid reason for workers compensation that others.

Let me know if you have any other questions.

* Find more information on Equal Employment Opportunity-Discrimination.
Complete Labor Law Poster for $24.95
from www.LaborLawCenter.com, includes
State, Federal, & OSHA posting requirements