Community Forum Archive
The Epilepsy Community Forums are closed, and the information is archived. The content in this section may not be current or apply to all situations. In addition, forum questions and responses include information and content that has been generated by epilepsy community members. This content is not moderated. The information on these pages should not be substituted for medical advice from a healthcare provider. Experiences with epilepsy can vary greatly on an individual basis. Please contact your doctor or medical team if you have any questions about your situation. For more information, learn about epilepsy or visit our resources section.
Job discrimination...where do I start??
Fri, 04/17/2009 - 14:43Topic: Advocate for Epilepsy
I have a friend in Roanoke that has epilepsy that is having problems in her workplace. I also do and know this is covered by the ADA law. She is being harassed at work about having epilepsy. Who should she contact? Is there a local office there? I've called the department of labor and they referred me to JAN http://www.jan.wvu.edu. I'm not sure how to help her!! I'm She's angry (as am I) and hurt that her superviser won't listen even after she showed him information on the ADA act. There seem to be so many places to call and I keep getting bounced around!! Please help!
Comments
Re: Job discrimination...where do I start??
Submitted by daniesbrwneyes on Fri, 2009-04-17 - 23:31
Sorry to hear it is happening :(
Re: Job discrimination...where do I start??
Submitted by seakats on Sat, 2009-04-18 - 03:16
Steven, thank you so much for your advice! I forwarded the info you gave me to my friend. It seems to happen much more frequently these days. Education needs to be a priority for the public. Again, thanks for giving me such detailed information...it helps a lot!
Re: Job discrimination...where do I start??
Submitted by woodland on Fri, 2009-04-17 - 18:28
I've been down this road before. Keep in mind that, if management and Human Resources knows of the situation and they have not addressed the issue by now, they are not going to. At least not without some sort of "persuasion". Don't threaten to do anything, especially if she plans on seeking legal or government assistance. Not only could that be used against her, but, more importantly, she is also giving the employer an opportunity to prepare.
Before she seeks outside assistance, go through the motions to prove that she did everything "in house" to resolve the issue and the conduct continued. This includes contacting supervision and Human Resources. Don't give anyone the opportunity to use the excuse "we didn't know about it", especially Human Resources. This is why I found it better to have my initial contact with HR be a letter as opposed to a meeting. Obviously, keep a copy of the letter for herself. She may want to make a note of statements made during the meeting and keep them with the copy of her letter. Please keep in mind that HR's primary job function is to protect the company. Their conduct may include patronizing, false sincerity and, in some cases, out right lies all in efforts to protect the company. Regardless of the "impression" of sincerity that HR personnel attempt to give her, they are not her friend. Her welfare is not HR's concern. Protecting the company (i.e. their own paychecks) is their primary job function. If she decides to have a meeting with HR, don't be surprised if they out right ask her if she has sought council from an attorney. Human resources is more concerned with what she can do to the company as opposed to how the situation is effecting her. Once the meeting is over and it is evident that nothing will be done, allow the company to believe that the situation is resolved. (The only reason that HR may side with her is if the company was looking for an excuse to terminate the supervisor (or whomever) in the first place).
In the meantime, contact both her state and federal representing politicians along with her state attorney general. When the employer receives a phone call directly from her (and theirs) rep.'s and/or senators, this tends to get their attention. I suggest contacting these people via e-mail AND snail mail. Give that politician an actual letter that is sent directly to their desk. Otherwise, the e-mails are screened by staff members and they may simply "delete" your e-mail.
Most employers also realize that they can afford to "out spend" employees in legal fee's. The employers know that whether an issue is right or wrong/ legal or illegal is irrelevant. It's a matter of realizing that, from a financial standpoint, it' not worth pursuing. This is why employers tend to get away with this conduct. In most cases, lawyers won't consider representing a person for the same reason, $$$$. A lawyers' representation has nothing to do with whether or not the employer's conduct is legal or illegal. It's a matter of their conduct being illegal AND being a case that has a financial benefit to the attorney/firm. The only recourse we have is to utilize the politicians.
She needs to be prepared to be "blackballed" and labeled a troublemaker. Especially, if she decides to change jobs and the potential employer calls for a reference. Although it is against the law for an employer to "bad mouth" a person when they are asked for a reference, it falls under the same catagory as above. Legal or illegal means nothing unless there is enough money at stake to make it worth pursuing. The employer knows this and will take full advantage of this as well.
Hope this helps.
Steven
I've been down this road before. Keep in mind that, if management and Human Resources knows of the situation and they have not addressed the issue by now, they are not going to. At least not without some sort of "persuasion". Don't threaten to do anything, especially if she plans on seeking legal or government assistance. Not only could that be used against her, but, more importantly, she is also giving the employer an opportunity to prepare.
Before she seeks outside assistance, go through the motions to prove that she did everything "in house" to resolve the issue and the conduct continued. This includes contacting supervision and Human Resources. Don't give anyone the opportunity to use the excuse "we didn't know about it", especially Human Resources. This is why I found it better to have my initial contact with HR be a letter as opposed to a meeting. Obviously, keep a copy of the letter for herself. She may want to make a note of statements made during the meeting and keep them with the copy of her letter. Please keep in mind that HR's primary job function is to protect the company. Their conduct may include patronizing, false sincerity and, in some cases, out right lies all in efforts to protect the company. Regardless of the "impression" of sincerity that HR personnel attempt to give her, they are not her friend. Her welfare is not HR's concern. Protecting the company (i.e. their own paychecks) is their primary job function. If she decides to have a meeting with HR, don't be surprised if they out right ask her if she has sought council from an attorney. Human resources is more concerned with what she can do to the company as opposed to how the situation is effecting her. Once the meeting is over and it is evident that nothing will be done, allow the company to believe that the situation is resolved. (The only reason that HR may side with her is if the company was looking for an excuse to terminate the supervisor (or whomever) in the first place).
In the meantime, contact both her state and federal representing politicians along with her state attorney general. When the employer receives a phone call directly from her (and theirs) rep.'s and/or senators, this tends to get their attention. I suggest contacting these people via e-mail AND snail mail. Give that politician an actual letter that is sent directly to their desk. Otherwise, the e-mails are screened by staff members and they may simply "delete" your e-mail.
Most employers also realize that they can afford to "out spend" employees in legal fee's. The employers know that whether an issue is right or wrong/ legal or illegal is irrelevant. It's a matter of realizing that, from a financial standpoint, it' not worth pursuing. This is why employers tend to get away with this conduct. In most cases, lawyers won't consider representing a person for the same reason, $$$$. A lawyers' representation has nothing to do with whether or not the employer's conduct is legal or illegal. It's a matter of their conduct being illegal AND being a case that has a financial benefit to the attorney/firm. The only recourse we have is to utilize the politicians.
She needs to be prepared to be "blackballed" and labeled a troublemaker. Especially, if she decides to change jobs and the potential employer calls for a reference. Although it is against the law for an employer to "bad mouth" a person when they are asked for a reference, it falls under the same catagory as above. Legal or illegal means nothing unless there is enough money at stake to make it worth pursuing. The employer knows this and will take full advantage of this as well.
Hope this helps.
Steven