Suing former employer for violating ADA?

P

pixiestix

Member
Joined
Feb 11, 2008
Messages
69
Reaction score
1
I am wondering. I just quit my job after 12 years and went to work for a new company where I love it. The new company is really very good about hiring deafies and providing interpreters for training, all meetings, etc.

My former employer has failed to accommodate my needs, such as interpreters for meetings, always had co workers write notes for me during meetings even if its planned or spur of moment, but they don't write word for word so I miss out on alot. Also no interpreter for cross training, hence difficulties in understanding aspects of different duties, which caused supervisor to "write me up"! UGH

Should I sue them or what do I do?

Thanks!
PIXS
 
Did you request those accommodations in advance?
 
Well, I don't know the answer to your question. At all my interviews I do not let the interviewer know that I wear ha's. I wait until I get hired. And then those I work with, I tell them that I need them to look at me when they talk and if they get no response from me, then I didn't hear them. Most people are accomodating. If they let me go because of my hearing, then yes, I can sue because as you know that is discrimination.
 
No because you quit. Even though they wrote you up you should have made them understand why. If they denied you raises or promotions or fired you-then maybe you may have had a case.
 
NEWIDME said:
Well, I don't know the answer to your question. At all my interviews I do not let the interviewer know that I wear ha's. I wait until I get hired. And then those I work with, I tell them that I need them to look at me when they talk and if they get no response from me, then I didn't hear them. Most people are accomodating. If they let me go because of my hearing, then yes, I can sue because as you know that is discrimination.
Click to expand...

The point at which to self disclose can be tricky. However, unless you self disclose, you cannot ask for accommodation. If you don't ask for accommodation, and the lack of such prevents you from performing your duties to the satisfaction of your employer, then you have no case under the ADA.
 
The other question you have to ask yourself is: is it worth going through the process of filing a complaint?
 
Byrdie714 said:
The other question you have to ask yourself is: is it worth going through the process of filing a complaint?
Click to expand...

Exactly! And at least of 90% of suits are dismissed or in favors of employers. (Don't my words for it, but that what I read from an article couple years ago on this subject).

I am firm believer in disclosure unless there is very good reasons not to in first place.
 
RichardDeaf said:
Exactly! And at least of 90% of suits are dismissed or in favors of employers. (Don't my words for it, but that what I read from an article couple years ago on this subject).

I am firm believer in disclosure unless there is very good reasons not to in first place.
Click to expand...

**nodding** Self disclosure protects you from ADA violations by requiring accommodations to be made. It is the best way to go in the vast majority of circumstances, IMO.
 
I am in a process of suing a video game company. They fired me for spelling and grammar errors. But it was just this word "paitence" and they also considered the grammar with spelling errors is also a error. When I applied to make a case against the company, the district said it will take a year. So it took a year and I got a letter with details of my mistakes. I have to admit I did make mistakes, but who didn't on their first few days and during training. Also I wasn't given any accomodations because a team leader was keeping me updated with everything, for example, an upcoming meeting, he would provide me information of what's going on in the meetings and what questions manager will ask, also what should I say when it's my turn to speak. I thought everything was going great, but I was mistaken, they didn't want me and I felt discriminated. Was I right to apply the charges against them? I am only doing it so it won't happen to others like us because there isn't ONE disabled employee in that company of more than thirty employees. Anyways, I responded to that letter with a strong confident information describing my mistakes and what I learnt from the mistakes. I also described that I am a student pursuiting a career in designing video game. Sucks, I waited for a year for a simple letter and now I'm waiting on the letter I sent.

Job Position: Customer Service Representative for Massive Multi Player Online Role Playing Games.

Task: answering 300+ emails a day
 
pixiestix said:
I am wondering. I just quit my job after 12 years and went to work for a new company where I love it. The new company is really very good about hiring deafies and providing interpreters for training, all meetings, etc.

My former employer has failed to accommodate my needs, such as interpreters for meetings, always had co workers write notes for me during meetings even if its planned or spur of moment, but they don't write word for word so I miss out on alot. Also no interpreter for cross training, hence difficulties in understanding aspects of different duties, which caused supervisor to "write me up"! UGH

Should I sue them or what do I do?

Thanks!
PIXS
Click to expand...
A couple of points to ponder... It will cost you to sue. You did quit the job and were not fired. What damages (if any) were a result of the violations? Choose your battles.... I am not siding with anyone here but just making some observations. Does the ends justify the means? Is it worth your time, money and effort.
 
imdeafsowhat said:
I am in a process of suing a video game company. They fired me for spelling and grammar errors. But it was just this word "paitence" and they also considered the grammar with spelling errors is also a error. When I applied to make a case against the company, the district said it will take a year. So it took a year and I got a letter with details of my mistakes. I have to admit I did make mistakes, but who didn't on their first few days and during training. Also I wasn't given any accomodations because a team leader was keeping me updated with everything, for example, an upcoming meeting, he would provide me information of what's going on in the meetings and what questions manager will ask, also what should I say when it's my turn to speak. I thought everything was going great, but I was mistaken, they didn't want me and I felt discriminated. Was I right to apply the charges against them? I am only doing it so it won't happen to others like us because there isn't ONE disabled employee in that company of more than thirty employees. Anyways, I responded to that letter with a strong confident information describing my mistakes and what I learnt from the mistakes. I also described that I am a student pursuiting a career in designing video game. Sucks, I waited for a year for a simple letter and now I'm waiting on the letter I sent.

Job Position: Customer Service Representative for Massive Multi Player Online Role Playing Games.

Task: answering 300+ emails a day
Click to expand...

If proper grammar and spelling is an essential function of the job, and one would assume that it is given that you are responding to emails, then you were unable to perform the essential functions of the job. So I doubt seriously that you will win this one.

If a team leader was keeping you informed regarding meetings, etc., including what was going on in those meetings, then you essentially were provided accommodations.

The ADA states that if a qualified individual can perform the essential functions of a job, either with or without accommodations, it is illegal to discriminate in employment. You were not able to perform the essential functions.
 
The employer is NOT REQUIRED to accommodate you as the employee with the best options available. I kindly asked to have C.A.R.T. service if I ever have an important meeting involving with several people. My boss said no but he did provide me with basic accommodation needed to perform my duty - emails, IM, notes. Many companies commuted via emails/IM nowaday.

Sorry imdeafsowhat... but I don't see anything on your employer's wrongdoing in firing you. I know it sucks but you failed to meet the job's requirement needed to accomplish the task. If you were fired because of your religious affiliation, disability, etc... then yes you do have the case. Best of luck on finding your next job! Suing them is not exactly a great way to start your career.
 
jiro123 said:
The employer is NOT REQUIRED to accommodate you as the employee with the best options available. I kindly asked to have C.A.R.T. service if I ever have an important meeting involving with several people. My boss said no but he did provide me with basic accommodation needed to perform my duty - emails, IM, notes. Many companies commuted via emails/IM nowaday.

Sorry imdeafsowhat... but I don't see anything on your employer's wrongdoing in firing you. I know it sucks but you failed to meet the job's requirement needed to accomplish the task. If you were fired because of your religious affiliation, disability, etc... then yes you do have the case. Best of luck on finding your next job! Suing them is not exactly a great way to start your career.
Click to expand...

I have to agree with all of that! My question is to you, Jiro -- what is C.A.R.T ?
 
AlleyCat said:
I have to agree with all of that! My question is to you, Jiro -- what is C.A.R.T ?
Click to expand...

it's explained in other thread but I'll say it again. C.A.R.T. = Communication Access Realtime Translation. It's basically like a closed-captioning service. A stenographer connects his/her device to a laptop where you can view the captions. Pretty cool, huh?

This is the service my college contracted with when I was a student. I have used both on-site and remote CART service. Both helped me a great deal to participated fully in class especially in class/group discussions.
 
imdeafsowhat said:
I am in a process of suing a video game company. They fired me for spelling and grammar errors. But it was just this word "paitence" and they also considered the grammar with spelling errors is also a error. When I applied to make a case against the company, the district said it will take a year. So it took a year and I got a letter with details of my mistakes. I have to admit I did make mistakes, but who didn't on their first few days and during training. Also I wasn't given any accomodations because a team leader was keeping me updated with everything, for example, an upcoming meeting, he would provide me information of what's going on in the meetings and what questions manager will ask, also what should I say when it's my turn to speak. I thought everything was going great, but I was mistaken, they didn't want me and I felt discriminated. Was I right to apply the charges against them? I am only doing it so it won't happen to others like us because there isn't ONE disabled employee in that company of more than thirty employees. Anyways, I responded to that letter with a strong confident information describing my mistakes and what I learnt from the mistakes. I also described that I am a student pursuiting a career in designing video game. Sucks, I waited for a year for a simple letter and now I'm waiting on the letter I sent.

Job Position: Customer Service Representative for Massive Multi Player Online Role Playing Games.

Task: answering 300+ emails a day
Click to expand...
From the role you had in the company, one would expect you to have good spelling and grammar skills.

They are not required to give you accommodations unless you specifically request it. You can't just say, "I'm deaf." when they tell you that there's a meeting. You need to tell them specifically what you need for that meeting. Do you need an interpreter? Do you need a notetaker?
 
VamPyroX said:
From the role you had in the company, one would expect you to have good spelling and grammar skills.

They are not required to give you accommodations unless you specifically request it. You can't just say, "I'm deaf." when they tell you that there's a meeting. You need to tell them specifically what you need for that meeting. Do you need an interpreter? Do you need a notetaker?
Click to expand...

and they're not actually required to provide an interpreter or notetaker either... as long as the employer can provide other accommodation such as emailing you the summary/details of the meeting. It sucks but that's how it is. they don't see any justification in paying extra for a person in low level - cost-benefit thing you know.... Obviously - they're willing to provide the best options available if you're in an important seat.
 
jiro123 said:
and they're not actually required to provide an interpreter or notetaker either... as long as the employer can provide other accommodation such as emailing you the summary/details of the meeting. It sucks but that's how it is. they don't see any justification in paying extra for a person in low level - cost-benefit thing you know.... Obviously - they're willing to provide the best options available if you're in an important seat.
Click to expand...
Yeah. It's best to work with your employer. It's not an one-way street. It works both ways.

Maybe, your request will be accepted with no questions asked. Other times, they may have a problem accepting your request due to finances, availability, or time restraints. So, be ready to offer or accept other accommodations.

For instance, you might ask for an interpreter first. If they cannot find an interpreter, but they can find someone to type up what's being said... then that's reasonable.

What if it was was a video presentation? You can ask for closed captioning if available.

I've seen some students at RIT make demands for interpreters when it's a captioned video presentation that's being made where students don't have any need for an interpreter. Boy, what a waste of funds. :roll:
 
Thank you all for your responds. Don't you think we are trying hard to hide the fact that we're deaf when we're looking for jobs? It's true that they'd think that it's a hassle to work with the deaf people. If so, them I simply want to put an end to that for we aren't different from them. We just have different perspective than others. A perspective without sounds. I'd say it's a great advantage for the companies to take those who can see beyond what other sees. I really would like to spread the words around the world about people with disabilites can develop abilities that no one can.
 
imdeafsowhat said:
Thank you all for your responds. Don't you think we are trying hard to hide the fact that we're deaf when we're looking for jobs? It's true that they'd think that it's a hassle to work with the deaf people. If so, them I simply want to put an end to that for we aren't different from them. We just have different perspective than others. A perspective without sounds. I'd say it's a great advantage for the companies to take those who can see beyond what other sees. I really would like to spread the words around the world about people with disabilites can develop abilities that no one can.
Click to expand...

I've never try to hide the fact of my disability. I've always made them aware of my disability before the interview and most of time - they've said it's not a problem at all. I've had some emails expressing their interests in interviewing me and then I replied back about my disability. They didn't even reply back. Oh well! I don't really care. I wouldn't want to work at ignorant workplace.

You want them to be aware of deaf people especially yourself? Prove them wrong by making yourself valuable. You know - "less talk, more action." This is same for all kind of people - even the one w/o disability. You know what I'm saying? Who is going to pay more for accommodation or listen to someone with insignificant background? Work very hard and make yourself a hot glowing target for any employer to hire. They will pay anything to get you - ANYTHING. My mom's friend's daughter is a deaf harvard grad. She graduated as magna cum laude at her mainstream high school and was a top 1% at harvard as well. As the result, she had handful of big companies wanting to hire her before she even graduated. My hearing friend was a magna cum laude at my mainstream high school and graduated with honors at his college. Now he's just a policy writer - awful job. I can't remember the name of company but last time I heard - she's working for a big company as mechanical engineer (I think).... with a very nice salary + benefits.. and they paid for interpreter too.

While they're both very very intelligent.. the major difference between those 2 people is... - she stands out the most. she overcame the impossible and proved herself as a worthy investment to any companies.

Don't dwell on life difficulty and unfairness. Life's always hard for anyone and there are always plenty of other people who are accommodating. Work hard and prove them wrong! :cool2:
 
Back
Top