Unfounded Discrimination?

[IATECHY]

I think I might be discriminated against in my place of employment. In March I had ONE day where I made a couple of mistakes, something that is rare, but it happened, has not happened again. I was joking that day with a co-worker about I must have something wrong with my brain for messing up the dates.. We were giggling and laughing about it... (Mind you, I had been diagnosed with a small brain tumor that is not growing and the doctors are not concerned at all about it) A couple of days later I got called into the HR Director's office with my boss and they ganged up one me about the two mistakes I had made the previous week... Then insisted that I bring in a note/release from my doctor saying that I had nothing medically wrong with me that would cause problems with my job. (Note: there has not been a single incidince of any problems since that ONE day)

My doctor wrote a release that said I had no condition that would effect my work except for some carpel tunnell syndrome in my left wrist. I brought that in and was again called into the HR office and told that it was not good enough, they want specifics.... Sonething like that the tumor is not affecting my memory. The doctor does not feel comfortable writing that, and I do not feel comfortable with having them have that information on paper. I have now been told that I cannot clock back in until I have a note with those words in it...

What do you think?? Am I being discriminated against because of a illness that they perceive that have, but does not exhist?

[Beth3]

Am I being discriminated against because of a illness that they perceive that have, but does not exhist? Well, you actually DO have a medical condition and apparently you've made it common-knowledge around the office. I'm not saying you shouldn't have discussed it with your co-workers but I can see that an employee having a brain tumor could give your supervisors cause for alarm.

My doctor wrote a release that said I had no condition that would effect my work except for some carpel tunnell syndrome in my left wrist. I brought that in and was again called into the HR office and told that it was not good enough, they want specifics.... Sonething like that the tumor is not affecting my memory. The doctor does not feel comfortable writing that Why not? Because the tumor may affect your memory?

I have now been told that I cannot clock back in until I have a note with those words in it... It may be that your employer is over-reacting to the situation. After all, everyone has the occasional "duh" moment and makes stupid mistakes. I don't see anything unlawful in your employer's actions however. They do have the right to know that you are medically fit to perform all your job duties and whether or not your tumor is likely to impair your performance.

[IATECHY]

Just to clarify -- the tumor is about the size of an almond, and was found accidentally when they were doing a CAT scan for an unrelated issue. It is in an area where it does not affect me whatsoever, is not pressing on any major brain areas and they think I could have had it for many years. I had not mentioned it to anyone except for one co-worker, but my boss overheard us giggling about it with his super-human hearing and blew it out of proportion.

When they asked I was totally honest with them and told them that it was a fluke that it was found and not a big deal.

The doctor does not feel comfortable writing the note the way that they want it, not because I could have memory issues due to it, but because she felt that by having it on paper they could use it against me. Something like, "Hey - she made a mistake today, she is unfit to do her job and made a mistake because she has a documented tumor."

I am just very insulted about this.... they freak out about something that is nothing, but they allow another guy (friends with the HR director) say things that border on sexually inappropriate and does not realize that a woman's eyes are on her face, not on her chest!

[Beth3]

The doctor does not feel comfortable writing the note the way that they want it, not because I could have memory issues due to it, but because she felt that by having it on paper they could use it against me. Something like, "Hey - she made a mistake today, she is unfit to do her job and made a mistake because she has a documented tumor." If that's their intent, then the employer is sure barking up the wrong legal tree Your employer would be on MUCH safer legal ground simply by addressing the performance issue (if there is one) than by attributing a performance issue to a brain tumor.

Your employer may indeed be overreacting to your medical condition but if they wish you to provide a statement from your doctor regarding your ability to perform your job, they may.

I am just very insulted about this.... they freak out about something that is nothing, but they allow another guy (friends with the HR director) say things that border on sexually inappropriate and does not realize that a woman's eyes are on her face, not on her chest! His behavior is an entirely separate issue. If he is saying inappropriate things to you or staring at your body parts, then you need to make a complaint of sexual harassment to your employer.