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Disability Or Discrimination


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#1 showitme2

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Posted 11 December 2012 - 11:47 AM

I recently had a sleep study done and was told I have narcolepsy with cataplexy 5 months ago. After informing my employer of the restrictions set forth by my doctor I was placed on disability leave. My employer informed me that they would not accomodate my restrictions, which were not driving or standing for a prolonged period of time. Employer never discussed with me prior to placing me on a disability leave any accomodations that would be suffice in order for me to maintain my normal standard of living. Since the doctor ordered my not to drive I was forced to be dropped off and picked up from work. In a meeting with my district managers on the day was placed on disability leave I asked if any other accomodation would be considered, ie.. restructuring my work schedule, due to me having to find alternative ways to work since I am unable to drive. They explained to me NO, and handed me document from HR dated that day. The document stated that the company could not accomodate my restrictions set forth by my doctor without causing a hardship to the company. Looking back at the whole situation, the decision to place me on disability leave prior to the meeting or trying to come to some reasonable accomodation that would be sufficient to myself and employer.

Needing answers to whether I could have a possible lawsuit against employer for not willing to discuss any accomodation that would allow me to continue to earn and live the standard of life in which I have been accustom.

#2 DeathRabbit

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Posted 11 December 2012 - 12:06 PM

I recently had a sleep study done and was told I have narcolepsy with cataplexy 5 months ago. After informing my employer of the restrictions set forth by my doctor I was placed on disability leave. My employer informed me that they would not accomodate my restrictions, which were not driving or standing for a prolonged period of time. Employer never discussed with me prior to placing me on a disability leave any accomodations that would be suffice in order for me to maintain my normal standard of living. Since the doctor ordered my not to drive I was forced to be dropped off and picked up from work. In a meeting with my district managers on the day was placed on disability leave I asked if any other accomodation would be considered, ie.. restructuring my work schedule, due to me having to find alternative ways to work since I am unable to drive. They explained to me NO, and handed me document from HR dated that day. The document stated that the company could not accomodate my restrictions set forth by my doctor without causing a hardship to the company. Looking back at the whole situation, the decision to place me on disability leave prior to the meeting or trying to come to some reasonable accomodation that would be sufficient to myself and employer.

Needing answers to whether I could have a possible lawsuit against employer for not willing to discuss any accomodation that would allow me to continue to earn and live the standard of life in which I have been accustom.

I think you need to see if you cant find a better job. TBH, I'm betting if you just merely threatened legal action they'd get a whole lot more cooperative, but I'm guessing you don't want to work at a place that you'll have to blackmail, as that will cause all sorts of tensions and reprisals no doubt.

#3 showitme2

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Posted 11 December 2012 - 12:21 PM

I think you need to see if you cant find a better job. TBH, I'm betting if you just merely threatened legal action they'd get a whole lot more cooperative, but I'm guessing you don't want to work at a place that you'll have to blackmail, as that will cause all sorts of tensions and reprisals no doubt.


Thanks for your input. I've been employed with company for almost 10yrs. As a side note, all this comes 4months after filing a complaint with the EEOC about employer's discriminatory practices.
Seems in part as retaliation, just asking for schedule modification.

#4 dormir

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Posted 11 December 2012 - 05:17 PM

Good move with the EEOC. I'm glad they filed a claim for you. You may want to check out your state's version of the Department of Human Rights, also.

If there is a reputable law school employment law clinic in your area, you may want to call them, too. Also, if there is a reputable employment law firm around, it may be worth consulting with them. Not all employment attorneys are good, but there are many good ones who may be able to formally and legally advise you.

What they did sounds extremely suspect. I don't know how state law protects the employer in your state, but do what you can to explore a lawsuit based on discrimination. Your employer may be protected, but you never know until you explore.

#5 DeathRabbit

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Posted 11 December 2012 - 06:23 PM

I've noticed that HR managers tend to fancy themselves as kings of their own little realm and if you do something they find out of order, they take it personally and launch their own private vendettas. I had a guy who tried to get me written up/fired just for bringing a friend with me to the company gym. Luckily, it wasn't in his purview to make such calls and the other guy who had that duty told him to step off because he was being unprofessional.