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  1. #1
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Harassment After Disability Accommodation

    It doesn't sound to me as if he's doing this because of your disability and/or accomodation. It sounds as if he's doing this because he was forced to make room for you (which, btw, was more than they were required to do - they are not required to create a new position for you) and is mad about that.

    When you reported all this to HR, what did they say?

  2. #2
    Join Date
    Oct 2012
    Posts
    4

    Default Re: Harassment After Disability Accommodation

    They to;d me I just needed to "deal it". We don't have an "HR" position. It's a good ole boy company with an owner and asst GM who does payroll and the GM. We are the only 2 in the department. If he's angry because he was moved, knows about my disability but continues to create this kind of work environment , is that not against the law? He alone has made my attacks worse not better. I get that he's mad about being moved, he was however given a choice. Even though he is obviously angry about being moved can he still direct comments about "just go ask so and so, you always get what you want", how is that not directed at me due to my disability. Is what he's doing to me perfectly legal?

    Thanks again for your input.

  3. #3
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Harassment After Disability Accommodation

    Just how large is this "large" beverage distribution center that doesn't have an HR?

    I'm asking for a reason. Please note: I am not asking how many people are in your department - I am asking how many people in the company.

  4. #4
    Join Date
    Sep 2010
    Location
    Oklahoma
    Posts
    695

    Default Re: Harassment After Disability Accommodation

    cbg has a good question.

    Although your new boss isn't a nice person, there aren't any laws that state he has to be.

  5. #5
    Join Date
    Oct 2012
    Posts
    4

    Default Re: Harassment After Disability Accommodation

    We have about 100 employees. Yes it's crazy, no HR!

    - - - Updated - - -

    Is it legal for them to call me and tell me I have to go back to work when I left using my intermittent FMLA? Thanks.

  6. #6
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Harassment After Disability Accommodation

    I wouldn't call that large, and that's about the minimum for which the Society for Human Resources Management considers that you need even one full time HR person, but never mind, it's large enough for this purpose.

    No one promised you a workplace free of stress, free of any kind of negative atmostphere, or free of people being mad at you. No one every promised you a rose garden, as the saying goes.

    "ZTR has a disabilty - therefore I'm going to give him a hard time" - illegal.

    "I liked the job I had and because of ZTR, I have to do a different one - therefore I'm going to give him a hard time" - legal.

    Remember, your employer has already gone WELL beyond what the ADA requires of them. They created a new position for you and they bumped another employee out of his job in order to do it. The ADA does not require that they do either of those things.

    Just saw your updated question. FMLA does not give you the right to just walk off the job. It's unclear whether you notified the GM that you were leaving for reasons attributable for FMLA or whether you just said, "I'm leaving" and left. If the first, then that's legally questionable, though I very much doubt that a single instance under the circumstances you describe will be actionable. If the second, then yes, they were within their rights because they did not have reason to think that it was protected time.

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