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  1. #1

    Default Employee's Illness Mistaken by Security Guard as Intoxication

    My question involves civil rights in the State of: Texas

    I have a brain tumor that occasionally makes me extremely tired, confused, and slurring my words. My HR department already know about my condition.

    When I went into work a few days ago, I spoke with the security guard. He promptly, without even talking to me, told my HR department that I was under the influence of alcohol or drugs. Please note, the medications I take right doesn't affect my speech My HR Director wanted me to go on FMLA, but my bosses said I am able to work from home.

    The Security Guard is employed by the building management company.

    That being said, what should I do? I considered sending a letter to the Building Management Company, Is this a tort:

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Violation of ADA

    What violation of law do you believe occurred? What should have happened that would, in your opinion, not have been a violation of law?

  3. #3
    Join Date
    Oct 2014
    Posts
    8,238

    Default Re: Violation of ADA

    The security guard works for the building management company, not your employer. Under the ADA, the employer is restricted in what it may disclose about your disability to others, so the guard should not have been told about your disability by the employer. If you never told the guard either, than he very likely had no idea you have a medical condition that might make it seem you are intoxicated. There’s nothing illegal in him reporting what he thought he saw to your employer. In any event, what the guard did would not be an ADA violation because the guard doesn’t work for your employer.

    Your employer has a responsibility to not discriminate against you because of your disability. You have not indicated that anything negative was done by your employer as result of this. If the employer did not take any action against you over this then there is no ADA violation.

  4. #4

    Default Re: Violation of ADA

    Thank you for your answer. You are correct, my employer did not disclose my condition to the security guard, they were adamant about it. In fact, my HR department ha strived to maintain my privacy - one of the other reasons they wanted me to work from home is I have been appearing pretty sickly lately, and other employees went to HR asking if I had a contagious disease... so my HR has actually been meeting the ADA standard aggressively.

    I really don't want to sue anyway, but I am kind of offended that the security guard didn't talk to me, that's all. I don't know if I can keep my mouth shut once I return to the office towards this security guard.

    The only thing that my employer did, which it was within the rights to do I believe, was to try to force me to take FMLA., it was my bosses that told HR that I am able to work from home, which I guess is my accommodation.

    Quote Quoting Taxing Matters
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    The security guard works for the building management company, not your employer. Under the ADA, the employer is restricted in what it may disclose about your disability to others, so the guard should not have been told about your disability by the employer. If you never told the guard either, than he very likely had no idea you have a medical condition that might make it seem you are intoxicated. There’s nothing illegal in him reporting what he thought he saw to your employer. In any event, what the guard did would not be an ADA violation because the guard doesn’t work for your employer.

    Your employer has a responsibility to not discriminate against you because of your disability. You have not indicated that anything negative was done by your employer as result of this. If the employer did not take any action against you over this then there is no ADA violation.

  5. #5
    Join Date
    Jun 2014
    Posts
    3,212

    Default Re: Violation of ADA

    Working from home is a Reasonable Accommodation.

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