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Job discrimination...where do I start??

Fri, 04/17/2009 - 14:43
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 woodland on Sat, 2009-04-18 - 12:56

It's possible that it's not as much about lack of education as much as it is about saving money on medical insurance premiums.  Anyone with a "chronic disorder" or a pending medical procedure costs the company money.  Especially in the smaller companies (non-self funded insurances)  the constant claims are taken into account for the premiums imposed by the insurance company.  I can give you several examples of situations that I have first hand knowledge of where an employee finds themselves terminated after the employer is informed of a medical issue.  The examples that I have first have knowledge of are:  you need a day off for a test (eeg, etc), your doctor tells you that you need ortho. knee surgery, your spouse was diagnosed with cancer.  I even know of a person who was terminated while they were still in the hospital. 

This is why I am very concerned that people like us who have chronic disorders are going to be unemployable because no one wants to take on our potential medical costs.   With the health care/insurance system as it is, I am afraid that, even on a group coverage basis via our employer, we are going to have to pay our own premiums and our premiums are going to take into account our "pre-existing" condition.   Our assigned premiums will probably be high enough that we cannot afford them so we'll end up being the working uninsured.  Just like how insurance companys base their premiums for individual policies (self employed as opposed to group rates), they will deliberately make the premiums unaffordable.  This is how they can get around denying coverage to people with pre-existing conditions. 

I know what you're thinking.  Employers and insurance companies can't discriminate against people with medical issues.  Once again, it comes down to the same thing as mentioned before.  If you can prove it, is it financially worth pursuing a court case?  Also, if you sue for your job and win, how will the employer treat you?  It's a safe bet that they'll hound you to the point that you must leave.  Don't count on any legitimate promotions or raises.  Chances are that you won't receive a good reference and, unfortunately, potential employers (and others) are only concerned with the "What" (your actions taken) and not the "Why" (your actions were justified).  You're showing people that you are not afraid to fight back when mistreated and chances are that you will be blackballed because of it.   

Unfortunate, but often true. 

 

 

Steven 

It's possible that it's not as much about lack of education as much as it is about saving money on medical insurance premiums.  Anyone with a "chronic disorder" or a pending medical procedure costs the company money.  Especially in the smaller companies (non-self funded insurances)  the constant claims are taken into account for the premiums imposed by the insurance company.  I can give you several examples of situations that I have first hand knowledge of where an employee finds themselves terminated after the employer is informed of a medical issue.  The examples that I have first have knowledge of are:  you need a day off for a test (eeg, etc), your doctor tells you that you need ortho. knee surgery, your spouse was diagnosed with cancer.  I even know of a person who was terminated while they were still in the hospital. 

This is why I am very concerned that people like us who have chronic disorders are going to be unemployable because no one wants to take on our potential medical costs.   With the health care/insurance system as it is, I am afraid that, even on a group coverage basis via our employer, we are going to have to pay our own premiums and our premiums are going to take into account our "pre-existing" condition.   Our assigned premiums will probably be high enough that we cannot afford them so we'll end up being the working uninsured.  Just like how insurance companys base their premiums for individual policies (self employed as opposed to group rates), they will deliberately make the premiums unaffordable.  This is how they can get around denying coverage to people with pre-existing conditions. 

I know what you're thinking.  Employers and insurance companies can't discriminate against people with medical issues.  Once again, it comes down to the same thing as mentioned before.  If you can prove it, is it financially worth pursuing a court case?  Also, if you sue for your job and win, how will the employer treat you?  It's a safe bet that they'll hound you to the point that you must leave.  Don't count on any legitimate promotions or raises.  Chances are that you won't receive a good reference and, unfortunately, potential employers (and others) are only concerned with the "What" (your actions taken) and not the "Why" (your actions were justified).  You're showing people that you are not afraid to fight back when mistreated and chances are that you will be blackballed because of it.   

Unfortunate, but often true. 

 

 

Steven 

Re: Job discrimination...where do I start??

Submitted by Sparklymegz on Wed, 2009-04-22 - 06:05

Thanks all for the advice,

 

I work for a State Agency so I fall into a bit different category than a private employer. I do have an attorney, now, and I've also filed a grievance. I'm preparing for the worse & hoping for the best. I guess that's all I can really do for the time being.

 

Thank you for everything :)

 

-Meg

Thanks all for the advice,

 

I work for a State Agency so I fall into a bit different category than a private employer. I do have an attorney, now, and I've also filed a grievance. I'm preparing for the worse & hoping for the best. I guess that's all I can really do for the time being.

 

Thank you for everything :)

 

-Meg

Re: Job discrimination...where do I start??

Submitted by rikk on Wed, 2009-04-22 - 09:41
hi.  be nice, be nice, be nice,  use a big stick.  get a lawyer and keep written records of all contacts with  anyone involved with this.  note date, time, and a brief statement of the contact content. and when and if the time occurs give copies to the lawyer, The more you documentment the better it will be.  Make sure you keep records of conversations with other empolyees,(friends).  They have a job to worry about.  Be careful about who you talk to and what, and how things are said.  With reguard to the insurance issue presented.  incidented.  hospital employee in the hospital being treated for cancer.  long time hospital employee.  hospital went to a self insured program.  After the employee's sick time was gone, and the FMLA limit was meat.  The hospital fired her in the hospital bed.  two weeks later she was dead.  The employors are not friends.  They run a business, and will use what ever means necessary to make a buck/or save a buck.  Not all are that way, but it is the normal.  not good news but i hope it helps.   rikk

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