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CASE OF DISABILITY AND RETALIATION DISCRIMINATION? Arizona

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  • CASE OF DISABILITY AND RETALIATION DISCRIMINATION? Arizona

    I am a diabetic and requested a return to 2nd shift from 3rd shift. I even produced a letter from my doctor. The manager refused to discuss the matter and said I was being argumentative. I went over the managers head and still no response. I verbally opposed the companys policy and was written up for "being disruptive" I called in sick 2 days in a row (5 total sick calls in 22 months) and was terminated. It says on my discharge "called in sick 2 days in a row stating his meds were affecting his ability to work. The 2nd call in was not approved/excused" This all occured over a 17 day period. It seems wrong to me!!!

  • #2
    A few questions I know people will be asking: Does this company have an HR department? How many employees are there within a 50 mile radius (satellite offices and such)?
    I am not an attorney, and don't play one on TV. Any information given is a description only and should be verified by your attorney.

    Comment


    • #3
      I am somewhat familiar with diabetes, but I'm not understanding why what shift you worked on would have any effect on your disease (I'm thinking ADA here).

      "Verbally opposing" the company policy, whatever it is, can be a deal-breaker.
      Last edited by Pattymd; 08-06-2010, 09:50 AM.
      I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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      • #4
        I'm thinking the same things, Patty. Why would a change in shift make a difference -
        why did your dr. think it would?

        Verbally opposing the co. policy does not help your case.

        How many employees does the co. have as asked previously?

        Thanks.
        Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

        Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

        Comment


        • #5
          Adaaa

          Diabetes is covered under the 2009 Amendment Act where major life activities such as eating, sleeping, walking, etc. are affected. The part time 3rd shift was creating havoc in those areas. The company has 200+ employees. I think I should have been afforded the "interactive process" Also, I am thinking that opposition to the companys discrimination policies is allowed to a protected individual.
          Last edited by squab; 08-06-2010, 09:58 AM.

          Comment


          • #6
            We know what the ADA covers and what it does not. The ONLY condition that is automatically covered is HIV/AIDS. Anything else is on a case by case basis.

            Did they have an opening in your job function on second shift? They do not need to move someone else to assign you to a different shift; that would not be considered "reasonable".

            Did you ASK for an accommodation that would allow you to perform the essential duties of your job? The employer does not legally have to provide the accommodation the doctor recommends, if they consider it unreasonable.

            I agree that working third shift can be problematic for sleeping for some people. However, others learn tricks to make it livable.
            I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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            • #7
              Every employee is entitled to the interactive process. The employee is required to participate in the process as well to determine if alternate accommodations that can be made. But it doesn't sound like that was an option. What was the employers reasoning for not allowing the change in shift? Did they offer alternative sugguestions, such as extended or additional meal times?

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              • #8
                I had been working the 2nd shift the previous 22 months and was suddenly put on a 3rd shift. There was an opening and I requested to be put back on 2nd shift. Is that not a reasonable request? The manager made it clear that the subject was NOT open for discussion!

                Comment


                • #9
                  We don't know your company's business, so we don't know whether it would be reasonable or not.
                  I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

                  Comment


                  • #10
                    Did your doctor's note state it was a medical reason for the requested shift change or did it state the patient believes the 2nd shift would be better?

                    Was the second shift an identical position just with different hours? Who ultimately got the second shift? Maybe that person has specific reasons for getting the shift that you are not aware of.

                    What do you mean by you verbally opposed the company's policies? It sounds as if you were mouthing off and the managers didn't appreciate it.

                    Comment


                    • #11
                      Yes, the doctors letter stated a medical reason. The shift was identical, just different hours. The shift was given to a person who had just been hired. I was told that she had a child at home and that 3rd shift would be an inconvenience to her. I reminded the manager that the district mgr said ALL employees should be willing and able to work 3rd shift. At that point the manager became agitated and told me to quit being argumentative. After my discharge, I found out that the "new hire" has worked several 3rd shifts. I did verbally express my dissatisfaction with the companys policies in an appropriate manner but became labled a troublemaker..

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                      • #12
                        You're certainly free to file a complaint with the EEOC - they handle ADA employment complaints. 1-800-669-4000 or talk to an attorney.
                        Last edited by Betty3; 08-06-2010, 06:08 PM. Reason: spelled you're wrong
                        Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

                        Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

                        Comment


                        • #13
                          thank you!!!

                          Comment


                          • #14
                            You're welcome.
                            Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

                            Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

                            Comment


                            • #15
                              Originally posted by johnn01
                              I'm not understanding why what shift you worked on would have any effect on your disease (I'm thinking ADA here).
                              The OP answered this question two weeks ago.
                              I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

                              Comment

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