I work for a Home Depot retail store. I don't know if i can sue them for discrimination. So i'll put down some details and i hope somebody can help me out.

I am deaf myself, i can use a hearing aid but can't hear well on phones but do speak very well. I worked for Home Depot for 2 years to this month. When i started i was part time working night shift. I requested day shift and they told me to fill out a application on the JPP (job processing p?) which is on a computer. I found several positions that i very much qualify for but they didn't even ask or interview me for those positions. I was stuck on that position for a few month till my grandfather's friend who is a Human Resorce for the district i work for. She got me into day shift but put me into sales. I was told i'd get FULL TIME but no i was still part time. Sales position is not a good position for a deaf person so they just put me there.

Team meetings we have every few month, they don't provide interepter for me. I've constantly asked to have one but never had one for a 16 month. Till my store HR says, "you gotta call one and let me know how much it cost then we will see if we approve it". So till afterwards i stop attending team meetings.

Training, they provided me training but several trainings require to watch a video and they are not close captioned. Other trainings require to listen on a computer animated training program by headphone. I can't understand at all.

I have previous experience using forklift with other employers. My HR says he'll give me training at first, computer was audio training only. No book or other form of readable training. So he says he'll get someone to train me. Nobody did train me, I repeatly had to come to him to ask him when. He kept stalling me by saying "i will let you know". It took him nearly a YEAR of stalling to finally say, "We can't let you since you are deaf".

Just a few days ago they open up a position that i'm perfectly suited for. So i signed on JPP and asked my HR for information on when the interview would be. He said that the General Manager will call me. 1 week later, no call. So i went back to him and he said that the GM hasn't started interviews yet but will call. 2 weeks later i found out they just hired somebody without giving me a CHANCE for a interview. I'm deeply disappointed in my 2 years of part time every position opportunity has been denied or ignored.

During my first day on the job, my former HR told everybody that if anybody dislike/unhappy or need a position that suits their experience, just go on JPP and apply for a position.

I apologize if this is too long to read but i hope somebody can help me see what i can do. 2 years with all this suffering is long enuff to fusturate me. I'm currently on SSI and i don't like it. I want to be independent and live on my own. Earn what i earn but i can't due to 2 years of part time and everybody's getting the chance to move where they can move.

You might be better served to discuss this with a lawyer who can give you a better idea of your chances if you file a claim. Most of what you post either has a reasonable explanation other than discrimination, but all tolled, it seems unlikely that all of these would have just been bad luck.

It isn't clear if those who screened the JPP's for the positions you applied for even knew you were deaf, in which case, they couldn't have discriminated against you. Did you ask why you weren't moved to FT? What were you told? Did you ask your grandfather's friend who transferred you? It also isn't clear how this most recent position was filled. Were interviews conducted at all? Were those selected similarly qualified to you?

It might be reasonable to ask you for suggestions on interpreters for the meetings. You mention a hearing aid and that you only really have trouble over the phone, so it may not be obvious that you need an additional accommodation. There may also be some other accommodation that might work for the meetings such as making sure you are close to the presenter or asking the presenter to use a microphone. Under ADA your employer isn't obligated to provide the accommodation you would prefer just one that will work.

I'd be surprised if the training didn't have closed captioning. Have you asked them to turn on that feature or at least see if it is available? If it isn't possible, perhaps you could be trained another way or they could provide an interpreter.

Here is an opinion letter on the operation of forklifts by operaters who are deaf http://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=INTERPRETATIONS&p_id=22522&p_text_version=FALSE It is not terribly clear as to whether you can be denied a position operating a forklift because of your hearing impairment, but it does indicate that it is a case by case issue and safety is a factor. It also doesn't indicate that there is an absolute bar against a hearing impaired individual operating a forklift.

as for JPP, the whole store knows me very well. I have worked hard all 2 years and done what i was told. My hearing, i can't hear without hearing aid, doesn't mean i can understand with a hearing aid. I'm completly deaf and i use sign language. I can understand what people say on the phone, nor can i understand if i just sit up close with a device. None of those work. I have repeatly asked for interepter MANY times. They didn't provide one at all.

for all positions i applied for, none were given an interview for me.

I have asked to turn on caption and they just did turn on caption on the TV and nothing was shown. I have asked if they'd do a future caption works and i have not heard anything. I have a few OVERDUE training that requires computer audio and video. Neither one of them i can understand due to audio headphones.

I have ZERO qualifications on SALES position. I have repeatly tried to get out of sales into a less customer related position.

I'd talk to an attorney or maybe go to the eeoc. I'm not totally convinced you have a fully articulated claim, but surely think you have enough to go to the next level. One where you strategize over what to do next, how to do it, etc. Also, you're likely going to have to pursue this more formally within the BORG (Big Orange Retail Giant) in terms of exhausting internal remedies. However, you might be better served talking to an attorney first so as to frame it properly. However, if you delay too long in doing so, this might cause problems down the road. So, I'd get to an attorney relatively quickly, bring everything you have with you in terms of documents or handbooks or etc., and try to develop a time line, list of names and dates, etc. first so your meeting might go quicker/better.

No promises, but there might be something here.

curt j.

Gungnir,

Read with interest your post. Are you still working for ? What state are you in?

First - document everything that has happened to you! that is most important.

Second- write a letter to Human resources with your concerns about NO ACCOMADATIONS for your hearing diability! Send a copy to your local EEOC office and send a copy to Corp. (i have address if you need it) By EEOC regs. XX has to answer you back (tell XX to answer you by written letter to your home address) in two weeks. If you do not get a reply from XX in that time send another ltr. to EEOC stating such. If you get a reply from XX and they want to talk with you at the store you have every right to have someone you TRUST (wife,husband,friend, fellow employee) attend that meeting. DO NOT back down from this one. They are your second set of ears! also if you get a meeting from HR request that they send you a written letter as to what you discussed and what they promised if anything. Anytime you request something from XX for your disability put it in writing and mail it to the store and make them sign for it! that way they can not say "well, gee i didn't get anything from you in the mail". you got the proof!

These are the beginning steps it is a long road but it needs to be traveled! XX needs to be brought to task for their treatment of in general all employees but mostly for the way they treat hearing diabled employees. I could write for a very long time on this forum about this subject. I am an ex HD employee of 2 yrs. I am NOT hearing diabled BUT my best friend is hearing diabled and worked for them for over 10 years and put up will all that you are going through. She is in the process of a fight with XX about NO accamodations, harrassment, no training , no advancement. If you know of any other hearing diabled XX employees get them to post on this forum. :mad:

For YOUR safety, I would prefer to see all references to the specific store chain removed. I absolutely will not permit any specifics as to the store, not the store number; nothing any more specific than what state it is in. I will delete any such references the moment I see them. This is to protect YOU - an attorney friend of mine has people on his staff whose job it is to go through boards like these looking for references to specific stores that can be used to discredit you if you file a complaint against the store.

thanks did it.

I don't believe that you have presented any evidence that I can see that your employer has taken the actions they have because you are deaf (excepting the training issue). Except for a bona fide contract that says other to the contrary, they are not required to put you on day shift; they are not required to interview you for any open positions no matter how qualified you may be; they are not required treat you in any way differently than any other employee. If they did then there would be Discrimination!!!

They certainly can't discriminate against you because you are deaf, but you don't get a special pass for it either. If you did request a reasonable accomodation (I don't see that you have or haven't) in order to fulfill the essential functions of the position you were hired for, then they have to see if one can be provided, and then it night be possible that a reasonable accomodation would change you to a different shift or position. And it just may not. I don't believe there are enough facts to make a clear and cut determination.

I did not list all of the issues with XXXX XXXXX on this site. Enough said that my friend is in mediation via the eeoc with XXXX XXXXX for the things i mentioned earlier. As it happens the EEOC did find enough evidence to bring 10 charges for XXXX XXXXX to answer. We have a paper trail many years long! Thanks for your input

I thought we were going to remove all references to the specific chain?

This is for your protection, guys; it doesn't create any liability issues for LLT. You're the ones, not us, that can get into legal trouble by posting potentially libelous information on a public board.

I thought we were going to remove all references to the specific chain?

This is for your protection, guys; it doesn't create any liability issues for LLT. You're the ones, not us, that can get into legal trouble by posting potentially libelous information on a public board.

I removed all (ifyou find one i missed lmk) thanks

Thank you.

As far as the fork lift issue. They can deny you that position for safety concerns .Companies can exceed (and often due) OSHA requirements as part of a safety action plan.
You wrote:
I am deaf myself, i can use a hearing aid but can't hear well on phones but do speak very well.
Did you request a TTY? This is a reasonable accommodation .Particularly for a large public company. So are: making existing facilities accessible;
job restructuring;
part-time or modified work schedules;
acquiring or modifying equipment;
changing tests, training materials, or policies;
providing qualified readers or interpreters; and
reassignment to a vacant position
If what you have wrote in your post is true.Your first step would be to file with the EEOC,or contact a labor attorney that practices in U.S court, and is familiar with ADA cases.
Do not talk to a claims agent, or their internal HR dept.
Employers must provide reasonable accommodation (e.g., sign language interpreters; written materials produced in alternative formats, such as braille, large print, or on audio- cassette) that will provide employees with disabilities with an equal opportunity to participate in employer-sponsored training, absent undue hardship. This obligation extends to in-house training, as well as to training provided by an outside entity. Similarly, the employer has an obligation to provide reasonable accommodation whether the training occurs on the employer's premises or elsewhere.
I hope this has helped
Joe

We are talking about one of the biggest companies in the U.S., In a meeting with them (local level HR) we were told that to close caption the training would be to expensive and not to expect it to happen any time soon. that is not their exact words but that was the meaning. For Heavens sake this company makes billions of dollars a year ! as stated before eeoc found this company had charges to answer.

Then your best bet is to wait for the EEOC to handle it.

I'm about an inch away from locking this thread. I'm not happy about the tone it is taking.

Now why would you want to lock the thread?

I already told you why. Don't push it.

this thread's taken on a life of its own! well, anyway, did the OP ever do anything? I hope she went to an attorney or sumthin', since things didn't sit right in my gut about this one. Either s/he was making up a good story, or s/he was getting the hook.

If the OP is out there, tell us how the Big Orange Retail Giant (BORG) is doing or what's going on (but omit the specific references to people/locations as required by moderator).

curt j.

please contact me via email and will fill you in. mediation is in progress and atty. has been retained. . thanks you guys.

Okay, this thread is no longer serving any useful purpose.

Next topic, please.