Dealing with work issues/ADA issues

[cam9457]

Hi, I'm wondering if anyone here has ever had major issues with their employer providing you with "reasonable accomadation". I've recently run into a rough patch with my Crohn's after about 4 years of remission. I've requested my employer to make some VERY easy accomadations only to be just told flat out "no". I even had my union rep ask for me in an official grievence to be denied again. I've also received multiple disciplinary letters due to my attendence after the second hospital stay in a month. Currently I'm taking unpaid FMLA leave as I can't keep up with my very physical job that comes with very long hours because my employer won't give me light duty until I get back into remission even though there are two vacant light duty positions available. The light duty position is also a PM shift which would allow me to get to the dr during the day.
So my question is this....has anyone here had to file a formal complaint with the EEOC or justice dept against their employer for any reason stemming from your disability?
I'm considering going to the local branch of the EEOC here in Philly on Monday to file a formal complaint against my employer. Even if just to make use of their mediation procedings. Thanks in advance for any help!

 

[shamrock15]

I have heard of people filing suits for things like this, and hopefully someone will chime in.

I do think that you may need to consider if your employment is in your best interests medically speaking though. You haven't mentioned what type of job you do and what the accommodations requested were. I had issues with requests I made of a previous employer and mine related to scheduling only. They couldn't accommodate. I was left with the scary proposition of leaving my job and starting another. It has been almost a decade now and in hindsight it was a move I should have made sooner as it appears there was an impact on my disease from the work I was doing. I couldn't handle late night work.

 

[cam9457]

Hi Shamrock, I drive a tractor trailer for the largest food service company in the world. I start in the very early morning hours and generally work until 3-7pm. I have to unload the entire truck case by case with a hand truck taking the product up steps and down steps, typically have 10-18 stops per day. The way they schedule the route there are no breaks and we have to work through our lunch to be anywhere near on time....and they push on time like nowhere I've ever worked. In the last six months or so they have cut our delivery time down quite a bit and the pressure to keep on time is just insane. The greatly increased stress from managment I believe has just pushed me out of remission. I've exhausted all my sick days already this year. After my last hospital stay two weeks ago I came back to three disciplanary letters for attendence from my hospital stay. The company uses a points system to fire us, 12 points and were on the curb. The three letters they gave me totaled 10 points meaning any type of infraction and I'm fired.
I approached my supervisors on multiple occasions and asked for reasonable accomadation by way of slight varience in the attendence policy so that I could get to the dr and get the treatment I need to get back into remmission. They just said no at first and that I'd be fired if I missed another day, then I filed for FMLA under ADA. That was approved with some paperwork from my GI dr. My next request was to transfer me to a PM jockey job. Our jockeys never leave the company ground, just moving trailers from one part of the yard to another so always close to a bathroom. They are also 2nd and 3rd shift jobs so I would be able to get the medical treatment I need during the day without taking unpaid FMLA time. Being night work NOBODY wants these positions are there are currently two openings. So I asked multiple times to be transfered to a jockey job and was told "no" because if they change my bid/route they would have to do it for everyone. I had my union reps ask and fill out formal grievence forms with my request for transfer, all denied. My benefits are really good and the pay is great too so I really want to keep my job. I know I can't keep up with the pressure of my assigned job with the stress and never knowing if I'll be able to make it to a bathroom in time. If they granted my request I could keep working and get to my appointments and be near a bathroom and they get a position filled that nobody else wants. They just won't allow it. I just don't know of any other direction to go except for filing a formal complaint with the EEOC. I'd much rather work with them but they just won't do it. My plan is just to go into the Philly office of the EEOC on Monday and begin the process. Hoping someone on here has had to do the same and can share their experience or maybe someone has some type of advice on another avenue I could go down. Thanks in advance

 

[2thFairy]

I'd file a formal complaint. It sounds like they are trying to squeeze you out. Don't quit if you can stand it. If a formal complaint does nothing, let them fire you and then file a lawsuit.

 

[cam9457]

Thanks 2thFairy, I will hang on till they fire me. Seems like no lawyers will help me until they actually fire me, which I'm sure they will find some reason for soon

 

[2thFairy]

The whole thing really sucks. I feel for you. Keep a journal or some sort of paper trail of each one of your requests for duty change and what the outcome was.

 

[cam9457]

That's what I'm doing, I have a copy of the formal greivence request for transfer and all disciplinary letters. Before I got sick I had never been written up for any reason. It's just crazy that it has to be this way

 

[brooklyn23]

Does anyone know if the ACLU takes on cases like these? Because it sounds like they are already in violation of the ADA by denying reasonable accomodation.

 

[cam9457]

I hadn't thought about that Brooklyn, I'll fill out their form online for help and see where it goes. Thanks!

 

[cam9457]

UPDATE: It's been about a month I've been out of work. I went and filed a formal complaint with the EEOC about three weeks ago. With heat from the EEOC I finally got a call today from my employer. They are granting my request for reasonable accommodation and giving me the month's back pay. WOOOOOOHOOOOO!

 

[brooklyn23]

YAY!!!!!! *throws confetti for you*

 

[cam9457]

Thanks Brooklyn! If anybody runs into the same situation and needs any advice just let me know

 

[brooklyn23]

I've had my share of ****** employers refusing to make accommodations. I have chronic low back pain because I worked at a gym as the front desk associate, and they would not let me sit after a joint injury because it messed with the "atmosphere of fitness." And the doctor's note I provided was deemed "not good enough" and started calling my doctors behind my back.

GOOD TIMES. I hate that they're legitimately the most convenient gym around. I'm probably going to have to cave and rejoin them someday. You're from Philly so you probably know the Philadelphia Sports Clubs exist... same company, just the New York branch.

 

[2thFairy]

wooHOO!!! SOOOOOO happy for you!!!!!!!!!!!!

 

[StarGirrrrl]

I'm so pleased for you, thanks for coming back to update! :dusty: