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    Discrimination ?

    I worked for a major retail store for 6yrs, 4 of those years as office manager so I was the auditor, payroll person & HR director. This was actually my second manager position in this store. Before I was diagnosed I was the salon mgr. I was given that position after just 3wks of working there.

    In Sept. '09 I gave notice due to personal issues that I felt would interfere with my ability to give 100% to the job ( I dealt with thousands of $ in cash daily) A friend of mine told me that the womens gym/nutrition center that she worked at was looking to hire P/T & she thought it would be perfect for me. I had an interview & was hired the next day. The owner said my references gave some of the best remarks she had ever had for someone!

    My issues;
    1. P/T ended up being F/T
    2. 6hrs + shifts daily, with NO breaks
    3. now requires employees to wear dress shoes & when I mentioned that I'd need to wear more supportive tennis shoes on days when my balance was off, she said that would be an issue (remember, I work in a gym!)
    4. she knew before she hired me that I had MS & would have to use my forearm crutch sometimes, yet now wants me to hide it in the closet once I get to work
    5. I have missed only 2 days of work in almost a year because of a stomach bug & even then I as on my way to work but had to turn around because I was throwing up on the side of the freeway yet she constantly hints that she thinks my 'illness' may be affecting my work. NOT TRUE!
    "I can do all things through Christ who strengthens me"

    Dx 2004, Copx, Rebif, Ty Beta- I'm done!!

    #2
    These sound like issues that could fall under reasonable accommodations. which an employer has to allow if it not impossible.

    And I think wearing supportive shoes is not impossible!

    As well as a modified schedule if nothing else breaks after a reasonable amount of time even in a 6 hr shift you should be accommodated by 2 10 minute breaks anyway.

    So I would go to personnel and ask as the process to make requests for reasonable accommodations and have your Dr fill out any necessary paper work.

    You are not asking for the impossible. As long as it is reasonable and doable without imposing financial strain etc. on the company it must be allowed.

    GO TO THE PERSONNEL manager. They are trained in this area or at least should be. However some are not.

    So then that would mean move on to ADA and print paper work to prove their requirements to your accommodations and ask them to explain how your requests cannot be accommodated.

    That is my suggestion. I have learned through myself and others having to do this with even other disabilities.

    Good Luck.
    Dx'd RRMS 7/12/2010, Back in the Prob. Pile 2/1/2011 "Jump, and you will find out how to unfold your wings as you fall”...Ray Bradbury

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      #3
      Just remember, a reasonable accommodation just has to be reasonable in the eyes of the company, not you. You can sue to try and get this changed, but it most likely won't work. I do believe you can't be required to work more than 6 hours without a break, labor law, not an accommodation.
      Bill
      Scuba, true meaning of Life! USS Wilkes Barre 91, USS Monitor 96, 97, 99 .. Andrea Doria 96, 98 .. San Francisco Maru 09

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