Disability Discrimination ~ What To Do Next?

[Jerz]

My question involves labor and employment law for the state of: IOWA

I believe I have a claim under ADA. My employer would not accommodate my reasonable requests that would have allowed me to continue in my employment. They gave me formal warnings for issues that were a direct result of my disability. This resulted in my being turned down for employment in other departments. Effectively ending my career there.

My disabilities became worse and my medications helped less and less because of the conditions I was working under. My doctor signed me off and has kept me off for over five months. MY FMLA has run out and I received a letter from my manager stating that they wouldn't be able to keep my job open due to 'pressing business need'. But I have qualified for LTD under the company so I will continue to be eligible for health benefits for next 24

This is a department of 150-200. It's collections. There is no pressing business need. They are hiring and firing every week.

I am about to finish up my EEOC application and get it off to them this week. Am I following the recommended route?
Should I go straight to an attorney?
I read on here someone approached their HR department and made a discrimination charge through them. Should I do that? (I have been to HR before and that just caused more problems for me on the job.)

 

[Patricia_Young]

The ADA (even if your "disability" meets the criteria) does not require the employer to extend additional time off past the time that FMLA allows. Even so, the employer is not required to provide the accommodations you or your doctor requests; merely an accommodation that allows you to do the essentials tasks of your job without reasonable hardship. And, in fact, if they are "hiring and firing all the time", an extended leave of absence may not be "reasonable.

LTD has nothing to do with it.

Was this intermittent FMLA or was it all taken at one time?

 

[Jerz]

Thank you for your response.

I'm aware that my employer isn't obliged to extend my time off beyond FMLA. The reasonable accomodations were reasonable and would have allowed me to perform the essential functions of my job.

The refusal to accomodate and constant harassment followed a complaint that I made to HR. In an effort to push me out they focussed on the things I couldn't do because of my disability. They gave me warnings for things they had refused to accomodate.

I took my FMLA all at one time. Why would an extended leave of absence be unreasonable if they are hiring and firing continually?

Thanks again.

 

[Patricia_Young]

Because if YOU aren't there, they have to fire somebody else. What YOU think is "reasonable" may not necessarily be what the employer thinks is reasonable.

Without knowing any of the details regarding what your "disability" is and what form the "harrassment" took, I don't think we can help you further.

 

[Jerz]

Because if YOU aren't there, they have to fire somebody else.

I'm not trying to be difficult. I genuinely don't understand the point.

What YOU think is "reasonable" may not necessarily be what the employer thinks is reasonable.

I realize that. But for the purpose of the post lets assume that my requests were reasonable requests.

Without knowing any of the details regarding what your "disability" is and what form the "harrassment" took, I don't think we can help you further.

I'm really looking for answers to my original questions as to the next steps in the process.

I am about to finish up my EEOC application and get it off to them this week. Am I following the recommended route?

Should I go straight to an attorney?

I read on here someone approached their HR department and made a discrimination charge through them. Should I do that? (I have been to HR before and that just caused more problems for me on the job.)

 

[cbg]

I don't know what you're talking about when you say someone made their discrimination charge through their HR department. I have never heard of anyone being able to do that.

Unless you are talking about going through HR to give the company a chance to fix the problem first before you file a charge - which is ALWAYS recommended.

I honestly do not understand why you think it is reasonable for your employer to extend your leave and fire someone else, meaning that they are TWO people down, rather than refuse to extend your leave WHICH IT IS LEGAL FOR THEM TO DO and still have someone there doing the work.

 

[Jerz]

I don't know what you're talking about when you say someone made their discrimination charge through their HR department. I have never heard of anyone being able to do that.

Unless you are talking about going through HR to give the company a chance to fix the problem first before you file a charge - which is ALWAYS recommended.

That's what it was then.

I honestly do not understand why you think it is reasonable for your employer to extend your leave and fire someone else, meaning that they are TWO people down, rather than refuse to extend your leave WHICH IT IS LEGAL FOR THEM TO DO and still have someone there doing the work.

I didn't say I didn't think it was reasonable. I said I didn't understand what the poster was saying. Now you have explained it to me, and I understand what you are saying, I can see that the response you have both given would not apply to the way the department functions.

You would recommend first going to HR in EVERY case? I'm so nervous about that. It was a complaint to HR that resulted in the harassment in the beginning. My complaint was founded and the resolution was quite 'big'.

The first thing they did after that was try to remove the one accommodation I had. It had been approved formally through the appropriate department. It had been in place for at least 6 months. My job had not changed in any way to justify the change. Throughout the following difficulties HR were less than helpful.

 

[cbg]

The only situation I can think of offhand when I would not recommend going to HR first, is if it was your HR rep doing the harassing/discriminating. And in that case I would still recommend going to upper management.

It can seriously weaken a claim with an outside agency if you do not give the company a chance to address the behavior first.

 

[theretoo]

The ADA (even if your "disability" meets the criteria) does not require the employer to extend additional time off past the time that FMLA allows. Even so, the employer is not required to provide the accommodations you or your doctor requests; merely an accommodation that allows you to do the essentials tasks of your job without reasonable hardship. And, in fact, if they are "hiring and firing all the time", an extended leave of absence may not be "reasonable.

LTD has nothing to do with it.

Was this intermittent FMLA or was it all taken at one time?[/QUOTE

:no:

Patricia, the company policy for long term disability for 24 months is the company policy to "accomodate" the disability of an employee and would be considered a "reasonable accomodation" under ADA. If a disability exists past the 12 weeks of FMLA, then the company's STD or LTD come into play as time off with paid disability leave, and is considered a "reasonable accomodation" under ADA.

To Jerz - Yes, get that EEOC claim filed

 

[Jerz]

:no:

Patricia, the company policy for long term disability for 24 months is the company policy to "accomodate" the disability of an employee and would be considered a "reasonable accomodation" under ADA. If a disability exists past the 12 weeks of FMLA, then the company's STD or LTD come into play as time off with paid disability leave, and is considered a "reasonable accomodation" under ADA.

To Jerz - Yes, get that EEOC claim filed

Thank you Patricia. That is my case. While I was on FMLA I still had to qualify for the company STD separately to FMLA. I am now out on approved LTD. This can continue up to 24mnths. I am paid through our company insurance.

We have a FEPA (?) here so my procrastination shouldn't hurt me because of the 300 day rule. Is that correct?

 

[theretoo]

My apologies, it looks like Jerz may have been awaiting an answer on this question? EEOC does have a time limit for filing the claim, off the top of my head, 300 days sounds right, but I have not confimred that. I'll add a link here......

http://www.workplacefairness.org/filinggovtclaim