Discrimination or its life.

ideafspy

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Hello there....

I want to share this moment and went hit big hard bump and try to climb or turn around to new path.

Last week went across the line and all the happen. Here this one has go on....

I am working for company for one and half year. I enjoy the job and notice that myself is sleepy even I sleep more then hour by each day. I try to improve with my health condition. So on that I went take sleep study and learn that I have sleep disorder and go on with my health condition got worse for no reason.

Today, my health has go up and better that condition has not return anything bad to me again. The job I work is office relate with insurance: life, health, and disability. I went to break room and saw the job open the position is underwriting. Since the videophone has improve for each deaf user, it is mean me too. I went to see human resource about this position that I want change and increase some ability do with job. However; they turn me down due the phone is require to answer the agent or customer by any question. I told them that I can do "outbound" mean only out call with video relay service that doesn't charge long distance and that save their dime! Still turn me down because they said so. Few weeks later; the human resource came to me and ask me about tty issue. I enourge them using the videophone who is deaf user as insured might be clear and useful instead the tty. They asked, "Do you know how to set for answer machine." I was like uhh ok. So I follow that man to the room where the tty. I expect that room where three deaf user can call for family or bill or whatever reason. The one tty was that place I was expected. It is another room which is customer service. I am little boil underneath my feel because the person who is using the tty. It is a hearing person use the tty. I was like why can't I have something to learn and want help the people. Few days later; I got write up due the sleep for 3 minutes. I told them that I do have sleep disorder that I couldn't do well. They want the doctor statement that I have sleep disorder. So I am little mad about this but learn my doctor quit practice as doctor.

So thing is getting hard on me to find right doctor who will treat me health again. One week later; I got bone tail that I fell down and got break it. Yes, it is hurt to sit and try comfortable. I went to E.R. and got result that pill need reduce my swallow on both side of hip. So I have to missed that work and went late work next day for new doctor about my health condition. So I show up and my superiver want talk to me due they don't appericate my preform at work that they don't want me work. What kind work do they are talking about? Its file that I have to do one at a time. I explain that file do at one a time and went copy machine that I have to wait for person finish their copies can be more than 30 or so. So I decide be easier for me do 3 or 4 files that need copies and went copy machine once and type and go back to copy to final copies. So I put back where it belong; they don't accept it. It increase to avoid pending claim that I explained them. Well, the superivor speaking that it need be one at a time and said that she work 20 years or longer and are you try to compares with my and your work. I was like confuse and told her that I want be as good teamwork of this department. Superivor said that I cannot be team leader. So I correct her that I am not talking about leader but supiervor still said, I and the manager are team. I was like ok. How do we communicate?? We write down on the paper and so on. So I was upset that if I don't do what boss want me do one at a time which take so long do it or otherwise I terminted. Just fired me because I don't do "one at a time" but other all I am doing fine. I just don't understand how its happen. After supervior and I finish talk, I went to break room to cool off. Because she advised me that I cannot talk to deaf co-worker, she think that will delay my work. Include supervior said that my health condition can be improve if I don't do 4 file at a time and it will made me sleepy. So I went on the break room and cool off. When I return to my desk and saw my manager read in my superivor's room. They are talk about it and point each writing that superivor and I talked about. I feel they are behind my back. I feel sticking about this job.

Other than that. The college I went and that major that deaf haven't graduated that degree of major which is Multimedia. The professor at college enourge me to drop and believe its not best for me to take that course of sound and video editing. It is because the grades are 50 percent on sounds and 50 percent on graphic. Meanwhile if I don't correct or not add the sounds and I get zero on that and not pass that course. So the interpeter decided to dismiss the interpeter for that class as I lose the interpeter. I told the teacher that sound can be opposite for deaf student can learn something challenge. They disagree and said that can't do for just one student while other do the sounds. They are talking about blind student and can't see the grahpic. I told them what the point for blind do the graphic on monitor but they do different way.

So its become hopeless for moment and hope this week go on to improve. I feel like give up because of my conditon of health that I am on right now. I feel that my work doesn't want me increase the ability. I feel don't give them damn.

Right now, I was thinking about lawyer or what. My mom was afriad about lawyer to sue the work and college issue. My mom doesn't want affect my total future when I am looking for job and look at my history that have "sue" and afriad that I will do the same to them. She just want see me success with good job.

:(
 
Goodwill Industries, and several other organizations can consult with companies on how to make reasonable accomodations for deaf, blind or disabled employees. You have the right to a good job where you are treated with respect and given opportunities for advancement.

I bet a lot of the problems you are having come back to simple misunderstandings, but you need help with this. Maybe you don't need a lawyer yet. Maybe you just need someone who understands the laws and can talk to your company and help them understand too.
 
Are you try to saying to education more people?? :shock:

If you do, then how can we do this for Oklahoma who believe deaf can't do anything but die.
 
Easy! Just talk to your boss and explain why you are late sleep and not sleep well. I believe it is called "You are a Stressful!" I found that you not sleep well. That mean you are so busy awhile you work. I know you like job. My reason is that your boss didn't like disability either. That is wrong!

Don't be afraid, talk to the lawyer can help you how to deal without "sue." They have Disability Lawyer can help you what is right and not right. They can explain to you to understand.

Well, I think it is your responable for your boss. If you feel not right with your boss. Tell lawyer! I know your mom think and afraid. NO need to afraid of this. Don't worry about it. Lawyer can help you and how to deal. That is very easy for you.

I hope you get back a old job as soon. :)
 
Make sure to ask your lawyer about putting a block on blacklist of employers so that your boss can't put a blacklist on you or make a negative recommendation on your work record.
 
Honestly I don't know if the lawyer can do much about your case there, cause your job doesn't have to required to allow you to used video relay service on the job, you can either tell them what other options that you can do with the phone calls, but if your boss doesn't approve of the idea of you using a video relay service then you have to accept that the boss said " no " , and if a boss feel that you are not able to do your job right because of heath reason, then they have the right to fire you, I'm sorry....

The way it looks like to me that the work place didn't discriminate you, it just that people do get fired for alot of reason you know :( ....
 
Looks like it's just part of life to me and maybe some misunderstanding going on, too, and as well-intentioned as the ADA law is, in reality, it doesn't have much teeth. I'm sorry, man.
 
Get a lawyer.

Goodwill Industries are almost like plantations where they employ severely disabled people almost as slaves paying them 25 to 45 cents an hour. They have the 'sheltered workshop' status that allowes them to do this. This type of injdustry doesnt allow advancement. I got an informational CD from Goodwill and it shows clearly what a sheltered workshop is all about.

Talk to Dr. Rosen about your situation, he is a very good civil rights attorney and he's got extensive experience with deaf people as he used to be a professor at Gallaudet University.

Richard
 
Hi Nesumth, Thank you .....I had suspcisions about Goodwill and another types of programs where they pay Deaf people very, very low wages. That is why I refuse to work in a place like that.

That is one of the reasons why I support the AFL-CIO.
 
First of all, I’m sorry to hear about this condition you had through. I can understand how you come from.

I would like to have few questions for you because I know employee legal (I only want you aware either German and America are same or not).

About video relay service situation, you can’t do anything against your employer’s decision. I know that you are trying to positive your deafness but still the same… I know it’s sucker…

I’m afraid yes, your employer has the right to demand the doctor statement to prove that you have sleep disorder if they want to. As you said that your doctor quit practice as doctor. Did he/she informed you that he/she quit? Your new doctor can pull your previous files out from other doctors with your permission to confirm your employer that you have sleep disorder.

You said that you have to miss work and show up late at work on next day because of appointment with new doctor over your health condition. Did you inform your employer that you won’t be there until on next day and give them the time you will be present at work place? I only want you aware that the Employer has the right to demand your doctor statement to prove that you are not fit to go work or present at doctor’s speech hour.

Do you have work agreement contract? If no, it’s so bad because your employer can do what he/she want with his/her employees. It’s good if you have work agreement contract then you can say no for some reasons but you has to obey work’s rule as long as you act legal way and stick it. (I have work agreement contract what the employer expect from me… what I expect from her/him… rules, work late, etc… must inform them before that I am unfit to go work by 8 am… etc. etc.)

I know it would be nicer when your supervisor respect you because it about respect and good work team but you has to accept if your supervisor tell you what to do with job task as long as you act legal way. I know your supervisor has no right to let your manager to read the written conversation between you and supervisor. Sucker! (Ask your employer or lawyer about this).

I have the feeling that your employer have to move you other work place due your health reason. I’m afraid yes, your employer have the right to do that to protect his/her employee’s health. I know because of German employee legal – what my work agreement contract written. Your lawyer can’t do anything to against your employer’s decision because he/she didn’t fire you but change job for you. They have no choice if you refuse to accept his/her offer but terminate you.

To me, the work place where you work didn’t discriminate you but concern your health condition.

I would advise you to solve this condition with your employer if it doesn’t work then check with lawyer who is an expert for disabilities rights/employee rights for advise (not sue), then you will know more about employee legal.
 
Wow Liebling, that's ONE longest post there..... :shock:
 
^Angel^ said:
Wow Liebling, that's ONE longest post there..... :shock:
Ideafspy,

I agree that any manager has rights to check in any supervisor's office and whole endusers' desks and lockers since the offices belong to the big firms, not personal home.

You should have save your old medical history in file at home so that you would provide a copy to your boss. I am sorry about your sleep disorder.

About VP, business have their rights to make their decision. Keep in mind that any networking system in corporate may not work with VP. However, your firm should have provided you a TTY on your desk. Please remind them about your right regarding to ADA. If you have a college degree(s), you may require Corporate to provide you a VP. I know it may sound very stupid but it is possible.

About Multimedia course, you have right to stay. All you need a hearing friend, classmate, assistant from the Multimedia Dept or interpreter to help you on the sound issue. No professor or dean would ask you to leave against your will. You need to show your professor the Gally Photograph Dept offering or RIT School of Film and Animation for deaf students, too. If they do not believe your goal, you need to contact the lawyer. It is a very good case.

If you need any assitance, any AD people will help you...

I wish you a Good Luck
 
Ideafspy,

Read this article. Hope, you will contact those people to see if they could help with your health condition. There is no reason for them to termination you or deny you for the promotion job. Keep fight it !!!

Good Luck :)

Introduction to Worksite Accommodations for Individuals with Sleep Disorders

The attached documentation has been made available to you by the Job Accommodation Network. It was established in 1983 as a service of the President's Committee on Employment of People with Disabilities. The Job Accommodation Network (JAN) is an information network and consulting resource to enable qualified workers with disabilities to be hired or retained. Businesses, rehabilitation professionals, and persons with disabilities can discuss their concerns and information needs with JAN's Human Factors Consultants and receive suggestions on solutions to accommodation problems. JAN offers comprehensive information on methods to accommodation problems. Included will be names, addresses and telephone numbers of appropriate resources. You can make personal contact for additional insights. Information can be by telephone, mail or e-mail, and is available at no cost to the caller.

With the passage of the Americans with Disabilities Act (ADA), an increasing need to be knowledgeable about reasonable accommodations for people with sleep disorder has developed. Knowledge about reasonable accommodations can assist employers in hiring and retaining individuals.

Some employers have misconception that people who have disabilities are difficult to accommodate. However, this is not necessarily true. Accommodations are typically low cost and easy to implement. Data collected by JAN, provides evidence that employers who have instituted accommodations for people with disabilities have benefited financially. Reports show that more than half of all accommodations cost less than $500 and that most employers report benefits in excess of $5000.

When considering accommodations for individuals with sleep disorders, as with any other disabilities, it is important to remember that the accommodation process must be conducted on a case-by-case basis. (Technical Assistance Manual of the ADA, Title I, US Department of Justice, 1992). According to Title I, Section 3.7, "the employer and the individual with a disability should work together to identify the appropriate accommodations". Limitations and accommodations will vary from person to person and from job to job. Variations may occur even if employees have the same disability. Note that not all individuals with disabilities will need accommodations to perform their job, while many others may only need a few. Also, not all impairments are covered under the ADA.

Under the ADA (Title I, Section 2.2), an individual with a disability is a person who has:

a physical or mental impairment that substantially limits one or more major life activities;
record of such an impairments; or
is regarded as having such an impairment.
The statute and EEOC's regulations provide examples of common types of reasonable accommodation that an employer may be required to provide, but other accommodations may be appropriate for particular situations. Also, a reasonable accommodation need not be the best accommodation available, as long as it is effective for the situation.

The following are some examples of accommodations from the ADA Technical Assistance Manual (Title I, Section 3):

making facilities readily accessible to and usable by an individual with a disability; restructuring a job by reallocating or redistributing marginal job functions; altering when or how an essential job function is performed;
part-time or modified work schedules; obtaining or modifying equipment or devices; modifying examinations, training materials or policies; providing qualified readers and interpreters; reassignment to a vacant position;
permitting use of accrued paid or unpaid leave for necessary treatment;
providing reserved parking for a person with a mobility impairment;
allowing an employee to provide equipment or devices that an employer is not required to provide.

Questions to Consider when Determining, Implementing & Maintaining Accommodations

1. What limitations are being experienced by the person with the disability?

2. To what degree do these limitations affect the person and their job performance?

3. What specific job tasks are problematic as a result of these limitations?

4. What accommodations are available to reduce or eliminate these problems? Are all resources, such as the Job Accommodation Network, being utilized to find or discover possible accommodations?

5. What are the potential workplace hazards and what measures can be taken to correct them?

6. Are regular meetings being held with the person with the disability to evaluate the effectiveness of existing accommodations and to determine if others are needed?

7. Are accommodations being provided to assist the person in dealing with the psychological aspects as well as the physical aspects of their disability?

Most Common Kinds of Sleep Disorders

Insomnia: A condition which causes difficulty initiating or maintaining sleep for days, weeks, months or years; may have other medical or psychiatric condition present.

Sleep Apnea: A condition in which a person stops breathing for 30 seconds or more, several hundred times a night. Heavy snoring can signal this condition.

Narcolepsy A disorder which causes irresistible sleep attacks, it might include sudden attacks of sleep, excessive daytime sleepiness, muscular weakness, hallucinations and sudden attacks of REM (Rapid Eye Movement - one stage of sleep).

Restless Legs A discomfort in the legs which is relieved by moving or Syndrome stimulating the legs; might feeling like a tingling, prickling or crawling sensation.

Daytime Symptoms That Might Occur

Sleepiness
Anxiety
Impaired concentration
Impaired memory
Irritability

Accommodation Ideas for Individuals with Sleep Disorders
Modifying a schedule so the worker does not work shift work, but works consistently on one shift (usually day shift).

Allow for a flexible schedule so the person can adjust to daily changes. The person may need to have flexibility in the time the individual's workday begins and ends. For example, the option of starting between 7 and 10, and working until 3 and 6 (depending on when the day began) could be considered. This may need to be decided daily at the discretion of the worker.

Allow for a flexible schedule that would allow the worker to take breaks as needed. If the person gets an hour for lunch and two 15-minutes breaks, giving the individual the option to take the time throughout the day as needed, might be helpful. An example of this might be, the person may not need the morning breaks, and only a 30-minute lunch but might need an hour later in the afternoon. Or, the individual might need to take several 10-minutes breaks during the day and a 30-minutes lunch. Some individuals with sleep disorders might need to schedule a time during the day for naps. This might mean a longer workday to allow the individual to make up the time at the end of the day.

Flexibility to be able to get up and walk around the work area. If the work does not require the person moving about, then making the work environment flexible so the individual can alternate sitting and standing for some tasks.
Possible use of a fan, "driver beep alarm" or other alarm-type device to keep the worker oriented.

A checklist, organizer, or pacesetter device with an alarm that rings periodically could also serve as a reminder to the particulars of the task in which the person is presently engaged. One symptom of the sleep disorder might be losing sight of the purpose of a task after it has begun. This accommodation might help the individual to be reminded of what it was that he/she was doing.

If the individual has cataplexy (loss of muscle tone, ranging from a slight buckling at the knees to a complete "rag doll" limpness throughout the body - might happen if person has narcolepsy), safety issues related to the immediate work area might need to be addressed. Not everyone who has narcolepsy experience this symptom. If they do, it is usually associated with the expression of a strong emotion. If the worker is aware this might happen, steps might be taken to address safety needs in case the situation arises.

ACCOMMODATION EXAMPLES FOR SLEEP DISORDER
(Taken from actual cases reported to JAN, search was done by Corey Turner, Graduate Assistant)

A customer service representative has sleep disorder. The person has problem staying alert while speaking on the telephone. The employer purchased a "beep" alert. Also, employer allowed the employee to take more frequent breaks. The accommodation cost $12 and was very successful.

A social worker, who has narcolepsy, was having problems getting to work on time due to getting sleepy while driving. The employer adjusted time for later access to work, allowing time for the medicine that she took in the morning to take affect. The accommodation cost $0 and was very successful.

A switchboard operator with narcolepsy reported using a "beep'" alert on the job. This device is worn behind the ear and when the head nods down (as it might when the person falls asleep) a gentle alarm sounds which wakes the individual.

A telephone repairman with sleep apnea, was having difficulty staying alert on the job. The employer provided a CPAP Machine for the employee to use and it was successful in keeping him alert. The cost was unknown.

A professional in a management position, with narcolepsy, was provided time in the workday to schedule naps. A place was provided in the worker's office so that they could get the rest needed at certain times during the day. The person still performed the duties to the standard of the employer, but with periodic breaks in the day.

A public contact representative, who has sleep apnea, would fall asleep on the job. The employer provided additional breaks for the employee and education on sleep disorder to the co-workers so that they would understand the disability better. The accommodation was successful and the cost was $0.

An employee, whose position included clerical and technical tasks, has narcolepsy. The identified problematic areas were: on the job fatigue, falling asleep at desk and in meetings, and difficulty awakening in the morning. The accommodations that were implemented were: flexible break opportunities on the job enabling sleep breaks, identified location where employee could comfortably and discreetly rest during scheduled breaks, modified work assignments, ability to get up from desk and perform a variety of tasks in order to break monotony. All the accommodations were successful and the cost was $0.

An employee of a telephone service company has narcolepsy. The accommodation that was implemented was a flexible schedule. The individual was given a total of 1 and 1/2 hours of break time per day (two 15-minutes breaks and 1 hour lunch). The worker is allowed to divide that time as needed on a daily basis. The job duties include answering a multi-line phone system, taking messages, transferring calls and answering questions. The workstations of several workers were rearranged, thereby providing more of a visual barrier among the workstations. This gave all workers more privacy needed to perform the job without distractions.

These materials were prepared by Mayda LaRosse, MA, a Human Factors Consultant for the Job Accommodation Network. 2/99.

Sleep Disorder Resources
Job Accommodation Network
A Service of the President's Committee on Employment of People with Disabilities
West Virginia University, PO Box 6080
Morgantown, WV 26506-6080
800-526-7234 (Voice & TT/TDD)
800-ADA-WORK (Voice & TT/TDD)
304-293-7186 (Local Line)
304-293-5407 (Fax)
800-526-2262 (From Canada)
Internet: http://www.jan.wvu.edu/

The American Sleep Apnea Association was founded in 1990 as a non-profit 501(c)(3) organization by persons with apnea and concerned health care providers and researchers. The ASAA's mission is simple: The American Sleep Apnea Association is dedicated to reducing injury, disability, and death from sleep apnea and to enhancing the well-being of those affected by this common disorder. The ASAA promotes education and awareness, the ASAA A.W.A.K.E. Network of voluntary mutual support groups, research, and continuous improvement of care.
http://www.sleepapnea.org
1424 K Street NW
Suite 302
Washington, DC 20005
202/293-3650
Fax: 202/293-3656
asaa@sleepapnea.org
 
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Equal Employment Opportunity Commission (EEOC)
This agency enforces Title I of the American with Disabilities Act (ADA), which prohibits discrimination in employment against qualified individuals with disabilities.
For information and publications:
800-669-EEOC (voice)
800-800-3302 (TDD)
513-489-8692 (Fax)
For local agency referral and addresses:
800-669-4000
800-669-6820 (TDD)
Internet: http://www.eeoc.gov

U.S. Department of Justice
This agency enforces Section 504 of the Rehabilitation Act of 1973, which prohibits discrimination on the basis of disability in all federally conducted programs and activities, and in programs and activities that receive federal financial assistance.
Civil Rights Division
P.O. Box 66738
Washington, DC 20035-6738
800-514-0301 (voice)
800-514-0383 (TDD)
202-307-1198 Fax
Internet: http://www.usdoj.gov/crt/ada/adahom1.htm

Fair Employment Practice and Human Rights Agencies
Most states, and many cities and counties throughout the country, have laws prohibiting employment discrimination on the basis of disabilities. Most state laws are administered by a state Fair Employment Practice or Human Rights Agency. Consult a local telephone directory for the one nearest you.

U.S. Small Business Administration (SBA)
An agency that helps individuals who are interested in starting their own business. In addition, the SBA works with thousands of lending, educational and training institutions nationwide.
Office of Advocacy/Office of Economic Research
409 Third Street SW, Suite 7600, Washington, D.C. 20416
800-8-ASK-SBA
202-376-6200 (voice only)
202-205-7064 (Fax)
202-205-7333 TDD
Internet: http://www.sbaonline.sba.gov

SBA OnLine (electronic bulletin board): (800) 697-4636 (limited access) or (900) 463-4636 (full access) SBA's gopher: gopher://gopher.sbaonline.sba.gov; Telnet: telnet://sbaonline.sba.gov; File transfer protocol: ftp://ftp.sbaonline.sba.gov

President's Committee on Employment of People with Disabilities
1331 F Street, NW Ste. 300, Washington, D.C. 20004-1107
202-376-6200 (Voice)
202-376-6205 (TDD)
202-376-6219 (Fax)
Internet: http://www.pcepd.gov
 
Please stay on topic, no bashing, and don't make assumptions because it makes you look stupid.

Those that do not follow the Forum Rules will be given a warning/ban.

Edit: ideafspy, I'm sorry you're going through difficult times in your life. I can only advise that if you're not feeling well and need to see a doctor, to call your employer and let them know your situation, and when you see a doctor ask for a doctor's note so that you can bring it with you next time you show up for work.

Good luck.
 
Ideafspy-

If you still have your employee handbook, I would check it very carefully to see what it says about your job situation - it may be in a chaper that says RIGHTS OF THE EMPLOYEE and also check the EEOC website, as it pertains to your case also.

www.eeoc.gov

Hope it helps.
 
When sleeping on the job could get you fired, even through you said you have this condition, You need to show proof. If you don't have the same doctor anymore that's really not their problem. They only care about is proof from your doctor that you have a sleeping disorder, They can give you another position to do instead of filing. Which I know filing is a boring job I used to work for American Dental Center Inc. LOL! And your boss is viewing you as a poor job performance, he expect you to work more than you usual have done. You have to do whatever it takes to keep your job. I always listen to my bosses whatever they need me to do I do it right away, I don't do it when I want to do it, I do it when my boss tells me to do, even if it means to drop what I'm doing and go from one place to another. Laws are vary by state when people get fired if it's within reasonable doubts. ;) Good Luck to you!
 
Kalista said:
Ideafspy,

Read this article. Hope, you will contact those people to see if they could help with your health condition.

Yes, I hope for her...

There is no reason for them to termination you or deny you for the promotion job. Keep fight it !!!

Good Luck :)

Well, we including law system can´t do anything against employer´s decision. It´s employer´s decision, not everyone either he don´t want to promote his employee´s job or not. The employer have good reason to deny his/her employee´s promotion or change her/his employee´s job to protect his/her health condition. The employer have no choice but terminate his/her employee IF she/he refused to accept his/her employer´s offer.

To me, I feel that it´s health reason, her employer change her job.

Yes, the employer has the right to demand his or her employee´s doctor statement.
 
Hi Ideafspy,

This website deserves a serious 2nd look that Kalista provided. My gut reaction when I read this website is that you may have sleep apena. Schedule an appointment to see your doctor about sleep apena. Check with this organization first to see who would be the best sleep apena doctor in your area or the closest city to your home. Your doctor can schedule you for a sleeping clinic test to be done. God Bless..... Heath
http://www.sleepapnea.org/info/index.html
 
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