pixiestix

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

Deafness

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VamPyroX

Did you request those accommodations in advance?

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NEWIDME

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.

cdaigle430

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.

jillio

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.

jillio

That would be the issue on which a lawsuit would be decided.

Byrdie714

The other question you have to ask yourself is: is it worth going through the process of filing a complaint?

RichardDeaf

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.

jillio

**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.

imdeafsowhat

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

rockdrummer

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.

jillio

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.

Jiro

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.

AlleyCat

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

Jiro

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.

VamPyroX

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?

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Jiro

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.

VamPyroX

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.

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imdeafsowhat

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.

Jiro

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!

AlleyCat

Thank you for the explanation, and yeah, pretty cool! I have never seen that.

AlleyCat

That is exactly my feeling. It's kind of funny in this sense that my Voc Rehab has kind of hinted at trying to hide it. She tells me not to say a word about being deaf or needing interpeters, etc. until I absolutely have to. I've always tried to be up-front about it from the moment I get contacted for an interview. And same as you, I often don't hear back from them after that. I used to get really annoyed at that, but then I think the same you do -- that I would not want to work in an ignorant workplace. Long ago I wasn't as up-front about it as I am now -- I used to wait until an interview (since I can get by without an interpreter) but all that did was create some awkwardness because it caught them off-guard and they start stumbling around. It does make finding jobs difficult but the end result is worth it if you find the right employer for the right job for you.

jillio

Attempting to "hide" a disability from a potential employer can be risky. Failure to self disclose means that you forfeit your right to request accommodation in the future should you be hired.

Tousi

It is something pretty much for those deafies who don't sign....

imdeafsowhat

I do understand that she stood out with great reputation. The company she works for must have experienced some disabled employee and went through lawsuits to learn several lessons.

One thing about interviewing is you have to show them that being in meetings, trainings, and workshops, you can communicate without assistance so they don't have give acommodation. They simply like employees who can look after themselves. Sometimes the VR is right about staying confidential about your status.

But one thing about a job interview, you have to be smooth and very informative, even tho you don't know anything, you still have to say something related to the job that would help them make a decision. Just try to help them make a decision that would land you a job. I do know several deaf people that has been trying to get a job without acommodation and failed just because they couldn't communicate smooth and aren't very informative.

Don't be someone that hopes that they'll just hire you right off the bat. Like jiro said, show them what you have and they'll probably do anything to get you.

Don't forget, we're actually in the situation where people are starting to have problem financially. It does affect a lot of companies' decision to hire, since people are actually dying to get a great paying job.

Anyways, this is how I got terminated from my job. Through an email right after work when I got home. It said, "You have been terminated and do not go to the workplace. Mail all your belongings that we have provided you."

Have you gotten a notice of your termination in an email without any kind of warnings? If so, tell me how you reacted.

How I reacted, I was shocked and confused, especially right after my meeting with the managers about how great I have been in the past week. I had so much mixed feelings and so much on my mind. I thought of one thing, American with Disabilities Act.

Jiro

WTF? to them for not having a respect and decency to tell you in person! I'll remember your situation next time if I'm in a meeting where manager compliments me about how great I've been. "You're not gonna email me saying that I'm fired when I go home, right?"

imdeafsowhat

That'd be giving them hints that you know, they'd probably tell you in person after being asked by that question.

It's true that they don't have respect but then think about it.

A company that encounter a person with disability for the first time that has abilities just like everyone else. I'm sure they weren't very sure about me in the start, but right when they started to like me. Things fell apart.

Do I still have a chance even tho the whole team I worked with is replaced with a new team? You know, witnesses and proofs that I can include in my case.

Jiro

you have no case. that's what we're trying to tell you. if the company's not responding to you to settle or discuss to make amend, that's because you have no case!

AlleyCat

Just a little bit off-topic here. This pertains only to those who may fall under vocational rehab income guidelines. VR will provide interpreters for training and such. So in pixiestix's case, an interpreter could possibly have been provided for the cross-training. That would have taken care of that issue and ensured you understood the training, pixiestix.

I basically am with about everyone else here in that I don't think you have a case partly because you quit, and also because as long as your employer provided you with REASONABLE accommodations (such as the notetaker you mentioned during your meeting, regardless of whether it was word-for-word or not). Since you found a new job you love, I'd say cut your losses as far as your previous employer is concerned.

RichardDeaf

When I first was hired 12 years ago, my manager refused to provide me interpreters for training or meeting. It made my job much much harder, even with email/summary notes.

I hired a lawyer back then, they said they are required to provide me reasonable accommodations such as TTY, interpreters, etc upon request. It took me nearly a year after manager to finally provide me accommodations after I threatened to resign my job. (I was only person in the office that can perform many advanced tasks that many people couldn't do or do it quickly.) To this date, he still do that accommodation without too much troubles. It is usually in their best interest to keep valuable employee happy in long run.

Mortal of the story, if employer think you are valuable employee, keep fighting what you believe you need to do your job.

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