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Disability Discrimination

Discussion in 'Discrimination & Sexual Harassment' started by Anna3217, Jun 27, 2019.

  1. Anna3217

    Anna3217 Law Topic Starter New Member

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    I am a working disabled woman with a brain disease which causes manyany other symptoms. I have been at my job for 7 years. 18 months ago we got a new manager and it all went downhill for me. She has harassed, insulted, threatened me all this time I finally reported it and my employer did move my position and she was out for two months. She is still finding ways to harass me. My main question is do you know what are eeoc violations? I have filed a discrimination charge, and they have taken it which means they believe a violation might have occurred but the investigation can tske up to 2 years. From what they told me a lot of what she has done to me may not be violations, but some might be. I don’t know where to find information on the violations that I think might hold up. These are some of the things she has done to me. I was denied employee handicapped parking yet a temp employee and a employee without a handicapped placard were allowed to,use it, and I had been using it for years. This was for several months. When I questioned management they refuse to tell me why and said I would be disciplined if I parked there. They even made me move my car and park far from my office. When I asked for s reasonable accommodation they ignored me. I followed up over a six month period and they ignored it (This was not about the parking) it was something else. I was written a bad performance evaluation even though I never had an issue before. They used my absences as the reason which are fmla covered and they told complete lies in my evaluation. Also in the eval meeting she questioned if I could read. I compare that to asking a parapalegic if they can walk. I suffer from a brain disease and she has the nerve to ask if I can read just to be mean. She has done so many other things to me, it goes on and on. Are any of these violations ? This is a charge of disability discrimination.
     
  2. hrforme

    hrforme Active Member

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    do you have a handicap placard?

    did you provide medical documentation of your need for the closer parking space from a certified medical professional (who also could have just signed for a handicap placard)? Or medical documentation for any part of your disability and needs? Or did you just state your needs? Were you asked for documentation?

    have you gone back to HR with the complaints after she came back? Or did all this happen prior to her going out for 2 months?

    Did they have ANY valid performance issues?

    Just because the EEOC takes a claim, it doesn't mean that illegal discrimination will be found. It might or it might not. Good luck with that. In the end, you might just end up with a "right to sue" letter that gives you a certain amount of time to file a lawsuit that may or may not be winnable.
     
  3. army judge

    army judge Super Moderator

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    Yes, and thanks to these fine folks, you can read all about EEOC violations right here:

    PROHIBITED PRACTICES

    Prohibited Practices

    Learn about the various types of discrimination prohibited by the laws enforced by EEOC. We also provide links to the relevant laws, regulations and policy guidance, and also fact sheets, Q&As, best practices, and other information.

    Age Age Discrimination

    Disability Disability Discrimination

    Equal Pay/Compensation Equal Pay and Compensation Discrimination

    Genetic Information Genetic Discrimination

    Harassment Harassment

    National Origin National Origin Discrimination

    Pregnancy Pregnancy Discrimination

    Race/Color Race/Color Discrimination

    Religion Religious Discrimination

    Retaliation Retaliation

    Sex Sex-Based Discrimination

    Sexual Harassment Sexual Harassment


    More information for you:

    EEOC Definition: Everything You Need to Know

    Managing Equal Employment Opportunity

    EEOC's Charge Processing Procedures - FindLaw


    In order for you to receive an answer to the above question, you'd have to file an official complaint with the EEOC (or another agency) to have the matter investigated and letter issued, before you can consider suing your employer.
     
  4. cbg

    cbg Super Moderator

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    However, if you are looking for a list of actions that are identified as "violations": you're not going to find one. It's the totality of actions in the specific situation, not a laundry list of actions called :volations".
     
    army judge likes this.
  5. Anna3217

    Anna3217 Law Topic Starter New Member

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    Yes I have a handicapped placard. Yes they know everything about my disease and its symptoms. yes they have medical documentation and have for years.

    No, I do not have any performance issues.
     
  6. hrforme

    hrforme Active Member

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    Then you probably have a good case (unless there are factors that you don't know about..). But the timeline with the EEOC seems to take forever. And often in the end the EEOC won't take up your claim/cause (it seems they like to take on the big cases where there are multiple employer violations for multiple employees or a pattern)

    I've been on the other side of two claims (one racial,one gender) and they didn't "end" until I, as the HR/company representative, finally told the EEOC rep that we were done providing information and answering questions and for them to make a decision (i said it nicer than that LOL). They gave both ex-employees the "right to sue" letter and neither did within the timeframe. I suspect it was because neither had a case.

    Here's just one law firms take on the situation "A Right to Sue letter is issued when the agency cannot determine whether the employer discriminated against an employee. It does not mean a claim is weak. These agencies are often understaffed, and many claims are not fully investigated. Other investigations are not properly or thoroughly conducted. The agencies are to be neutral, especially when evaluating "he said she said" claims.

    Some employees choose to request that the agency issue a Right to Sue letter immediately, so they don't have to wait for the agency to complete their investigation before filing suit as it can take an agency over a year to complete its investigation...." from JabergWilk
     

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