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Promotional Discrimination

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  • 08-01-2008, 09:08 AM
    Superintendent
    Promotional Discrimination
    My question involves labor and employment law for the state of: New York

    I have been a salaried manager in an State of New York Agency for more than 25 years. I have had open heart surgery and implanted with a defibrillator. Against my wishes, I was placed in a light duty (restricted) status in 2006. This status prevents me from driving company cars, it does not prevent me from doing all the other assigned tasks I usually do.

    In order to get promoted, one must submit a resume for the desired job and get evaluated from your immediate supervisor. My supervisor denied me because of my light duty (restricted) status (bear in mind, that I would be doing the same job I am presently doing, only a pay grade higher and there are no medical restrictions imposed on the job vacancy notice).

    My question is: Can they hold the fact that I am on a light duty(restricted) status, a status that I did not want, against me? This prevented me from getting a promotional interview. Any thoughts
  • 08-02-2008, 01:22 PM
    LawResearcherMissy
    Re: Promotional Discrimination
    Does the position require you to drive a company car?
  • 08-02-2008, 01:57 PM
    Betty3
    Re: Promotional Discrimination
    Did your supervisor definitely say that the restricted duty was the reason you didn't get the job & the only reason?

    I assume you wouldn't have to drive a co. car since you said this is the same job you were doing only higher pay grade?
  • 08-02-2008, 04:18 PM
    Superintendent
    Re: Promotional Discrimination
    In order to become a candidate for a promotion, one must get the blessing of your supervisor in order to get an interview. The supervisor said that because of my restriction, he denied me a chance for an interview. I have to be "in it to win it" as the lottery saying goes, but I am not being afforded a chance to get a ticket. Last year, I applied for a similar job and under a different supervisor, I was given a chance (did not get it though) and nothing changed regarding my restriction.

    The position that I am in does not require the use of a company car, in fact, there are only five cars assigned to where I am employed and only the investigative section drives cars. I am strictly administrative and the medical unit has me light duty restricted to not being able to drive an agency vehicle and I do everything else that my title requires with no restrictions. The agency knocked me down, as I said before, they put me in this status against my wishes, now they seem to hold it against me. I have tried to "make myself good" with the medical department but they continue to knock me down. I understand that medical will not give me driving privileges since I have a class III heart condition (moderate. one step below the worst, class IV condition) and the underlying insurance and liability issues.

    I have been eligible for retirement since last year but that is not feasible for me at this time. But at my age, 56, it would be rather hard to get gainful employment if I decided to retire. I figure that I am good for at least 5 more years when I would be eligible for the top pension payouts and would like to at least attain one more level and look forward to greener pastures.
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