Whistleblower Discrimination

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Gidget62

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My jurisdiction is: Michigan

I currently have an open Charge of Discrimination/Retaliation with EEOC. It was filed 3 mos. ago and is in the investigation stage. During this period, the management at my company has made no secret of their hostility towards me as a result. The latest retaliation occured several weeks ago when I was called in to HR and told that I needed to undergo a Fitness for Duty psychological examination by doctors specializing in psycholgy/law - who are generally sub-contracted by companies to act as "expert" witnesses. I was given a battery of tests, and then interrogated all afternoon. This was all video-taped and all records are property of the company. My lawyer said that I needed to do this since the HR guy told me it was a "condition of employment." It felt like 'discovery" to me. During this session, the shrinks even started asking what it would take to make me feel better - ? I was verbally told that I was not a danger to myself or others - yet the following week my lawyer was informed that the report came back "unfit for duty." The company told him I was on paid leave for now. I feel humiliated by all of this. My lawyer said not to worry (?) He said that once the company forced me to take the psychiatric tests, their perception is that i am mentally disabled and therefore, I am now protected under ADA. I don't feel "protected" at all! Should I find another lawyer? If so, what would you think the proper go forward strategy of my lawyer should be?
 
Was this a condition of employment for every other employee? If not, then report it to the EEOC as retaliation.
 
No, but the HR guy told me the company can order Fitness for Duty evaluations at their discretion if they feel that an employee could be suffering from mental conditions and be a danger to himself or others. I've made no threats or anything. Apparently, there is no federal or state law dictating the a tangible reason must be shown in order for an employer to order one. I think they want to terminate me due to the EEOC complaint.
 
I definitely would not look at getting a new lawyer, and he is right the employer is perceiving you as disabled so they ordered the tests. Many ADA cases the most difficult hurdle to overcome is defining the disability as qualifying but once the employer perceives you as disabled there is little chance for argument .

As far discovery that does not come into play until a lawyer files a pleading in court,and defense council has responded. Has your attorney received a right to sue letter, or is he letting the EEOC complete their investigation first?
 
Thanks Green Hornet - No, we do not yet have the Right to Sue letter, my attorney says that my case is strong enough that the EEOC may opt to make it their case - whatever that means -once they have concluded their investigation. But the thing is, by my company using this Fitness for Duty test to further retaliate with no grounds for doing so, it makes my case look weaker - in my mind. Are there no statutes with respect to Fitness for Duty psych evaluations - or is this just another tool employers use for retaliation? If I am "perceived" as being mentally unstable due to this latest trick - how could that hurt future employment? Isn't this defamation?
 
Well if your attorney is correct and your case is strong enough for the EEOC to find in your favor that is very good news. There are retaliation statutes under Title VII if your attorney saw retaliation he would have told you but the opposite is true he is happy with the company's move which he feels buttresses your case. The EEOC usually finds a no cause finding in well over 80% of the complaints filed. Attorneys in many cases ask the client to get a right to sue letter to skip the administrative hurdle, yours has taken the opposite approach which tells me the case is strong enough for a cause finding.

In theory the EEOC would become your attorney if the employer disagrees, however most of the time private counsel takes over. It sounds like your case is strong, and the attorney is happy with the progress. So don't worry be happy
 
UPDATE!! My employer now is trying to force me to take short term disability for an "undefined" mental impairment! There is no way - I'll never work again. The FFD testing was released and based on the fact that I would not agree to let them have my whole medical history (because in essence, if I do that, it becomes "property" of the company and will not remain confidential as the authorization form pointed out) they concluded that they did not have sufficent information to make a diagnoses. BUT, they also admitted they were not given collatoral information from the company on what my job entailed, nor the environment I've been subjected to. Based on that, they stated their opinion that I was "fragile" might be delusional, showed paranoia and could be suicidal--though they admitted my "depression" score was low indicating I'm not depressed--just stressed. They recommended psych treatment and when I return to work (if applicable) I be subjected to random drug and alchol testing--even though the SASSI-3 test indicated my score was low for substance abuse??? What is goin on?
 
Hang in there

I read your post. I am undergoing a similar situation. You may want to go to
CCHR (Citizens Commission on Human Rights) and look at Psychiatric Abuse on that site. This will alleviate your fears. You are not crazy and are probably very fit for duty.
The DSMV-4 test (MMPI) is a scam. The shinks have to have something to make themselves look ligitimate. All psychiatric evaluations are simply subjective opinions, not fact. A second opinion may be helpful.
Go to your doctor and ask her to recommend someone and get another diagnosis. Tell the new shrink ..you will not sign any forms to take drugs. (Don't even give them that option.) Be careful about taking the MMPI tests too.
Many shrinks have a financial investment in the drug companies. Also, the shrinks are going to please the companies, because the companies are paying them and they want more business. They will leave out pertinent information and make evaluation to the benefit of the company.
I would definately check with the EEOC before you do it though.
After I reported two incidents of porn coming through my computer, to the abuse center, my supervisor put spyware on my computer to look for something to write me up on. Even the spyware they used was illegal.
Please post the outcome of your case. I'd be interested to know.
 
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Sam, this thread is nearly a year old and I'm sure the OP has resolved the situation by now and it doesn't look like the OP has been back since.
 
All of your employer's actions, since they are occuring post your filing with EEOC, can be considered retaliation for having filed with EEOC. Anything that they do post your filing, can be considered retaliation and you are protected under whistleblower protection laws.

That being said, your atty and EEOC need every bit of information as to what your employer is doing to you. Keep everything that your employer gives you and immediately provide it to your atty and EEOC.

The investigative process with EEOC will include them checking into any past history of the employer doing this to other employees as well (not just your case). I waited out the invetigative process with the state and EEOC for 7 months, prior to choosing to request my Right To Sue letter. It is a long, drawn out process and every move your employers makes in the process is done to make you quit. Discuss Constructive Discharge with your atty. If your employer makes your working conditions so intelerable as to constitute a Constitute an Illegal discharged based on your disability or perceived disability. There is only so much BS you are expected to endure in your employment situation, discuss these concerns with your atty.
 
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