Sadiesnolady
New Member
I have been on a mental disability (severe depression) since 2001 and hadn't been able to work until last year. I have been working for this company for over a year. It was a real struggle enter the workplace after all this time, besides being 66 years of age. My positon at this company was as a shuttle driver for railroad employees, picking up Engineers, Conductors, etc. and taking them either to their train or to hotels. However, when I was first hired, it was a ROAD driver position which required you to be on call 24/7. Your hours were from 8:00am and extended to 8:00am the next morning. I soon found out that I was not able to do those grueling hours because of never knowing what time they are going to call you and worrying if you have enough rest and then I would wind up not getting enough rest due to worrying about it. And on top of this, I have sleep anea. Even with this condition and the grueling hours, I have never fallen asleep at the wheel or came anywhere close to it. Eventually, the company offered me another position of YARD driver for a set amount of hours for full time. Five days a week, 40 hours a week, just doing local runs. It worked out perfect for me. I loved my job, I built up a good relationship with all the crews I picked up and with the railroad managers. It was the perfect job for me because of my own personal circumstances. I was able to work full time again and I was getting my livelyhood back again and my life back on track after all those years. Everything was going just great, until this new company took over. They were going to keep all of us on, we filled out the paperwork, DMV driving record, the direct deposit slip, everything that a new hire does. The drug test and DOT exam were to follow. In the interim of all this, the new boss takes us to lunch and tells us about the company says what he may or may not do. Eventually they change the schedules whereas everyone had to do both YARD & Road. My supervisor calls me up with my new schedule being 3 days YARD 2 days ROAD, with weekends off. I asked her why can't I keep doing the schedule I have. She said: Ok, is that what you want? Yes, if I could that would be nice. I then call the new boss and he asks me: "When you were hired, were you hired as both a YARD and ROAD driver. I said yes. Then he talks to me like Im not on the same page with him. So I had to ask him, What is it that you want me to do? He said he's looking for someone willing to be flexible in doing both the yard and the road. I said ok, whatever it takes, I am willing to do that. He then said in amazement, out of all of the other drivers, you are the only one to compromise and cooperate. Whatever I had to do in keeping my job, I was willing to do. So, herein, lies my delima. I got to thinking about what he asked me, when I was hired, was I hired for both YARD and ROAD. I said, yes. That was incorrect. I called him back to correct that statement and tell him that I was hired as a ROAD driver and that the YARD position came open later and they offered me this position because I didn't like the anxiety and lack of rest. I wanted to justify why I thought they should keep as YARD only. If that was not possible, then yes, of course, I would do the changes. I called him back to explain my history with the ROAD (not that I was unwilling to do it) and discuss with him why it was even necessary to have YARD drivers do the ROAD also. I called him to make the correction of what I told him, about being hired as a YARD AND ROAD driver. He immediately took it the wrong way and said I was back peddling. I said I was not doing that and wanted to explain to him. I tried to ask him, if it was at all possible I would like keep doing the YARD, and the ROAD being the ROAD, and me worrying about when I'm getting called and not getting proper rest and having sleep apnea doesn't help. Thats why they gave me this position of YARD. I wanted to tell him, because of this, would there be any way, I could keep this position of YARD. In trying to explain this to him, all he heard was SLEEP APNEA. He then said, he couldn't use me because of the sleep apnea. He's discriminating against me denying me due process in not letting me take the DOT Exam which you have to take before you are hired there, to prove, even though, I have this condition, you are permitted to drive. He's also taken away my livelyhood, which I have painstakingly acquired while being on disability on not being able to work for 7 years. When he calls me up, He says they were not bringing me aboard because and he says. "Out of all the drivers, you were the one that fought me the hardest about being flexible with the new schedules. I wanted to say to him, "Gee, thats funny, I thought you said, "Out of all the drivers, I was the only one that would comprise and cooperate" He wouldn't let me respond. He also states it had nothing to do with my work record. He said he's not going to argue with me and kept cutting me off everything I wanted to say. What kind of a reason is that for not hiring someone? If you don't want to hire me, let it be because I didn't pass the drug test or the DOT exam or my work record is really bad, but to not hire someone for not being flexible in schedules? Can I sue this company for discriminating against me both for being on disability and taking livelyhood away keeping me from due process that there company requires for the DOT exam for sleep apnea? Any help will be greatly appreciated
