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  1. #1
    Join Date
    Mar 2010
    Posts
    2

    Question Discrimination and Harassment Based on Disability

    My question involves labor and employment law for the state of: New Mexico
    I'm new to actually finding advised thru forums but kinda don't know where to go... I started working for a wireless company back in sept, 09 as a tech support rep. While in training, the trainer made fun of me because I have Narcolepsy and would occasionally doze off in training during our down times. He would make jokes and comments about my disability, and at one point, took a picture of me asleep and sent it to myself via email. Other employees in the training class with me contacted HR about it, and HR then contacted me about what happened. I first explained to them that I didn't want to make it a big deal at first which is why I didn't come forward first, but eventually told them everything he did. I broke down in the HR office about how this has effected me, but nobody in the past has helped me before so i thought no point in saying anything about it. I gained the nickname "the sleepy guy" at work by other employees. I gave them all the paperwork they requested for workplace arrangement, and they eventually put me on a really weird schedule because i asked for an early one... but it was too early for me. When I asked for a different one... they were not willing to give me another one. I eventually quit because it got to the point that I didnt want to deal with it anymore... all the HR b.s. and that people treated me differently at work because of it. And the trainer was "addressed" about the issue, but still works for them. I filed a complaint again them with my human rights dept and i was given paperwork to fill out about what I want of out this. It says I can ask for monetary damages, but I don't want to look unreasonable. So i was going to ask for one year of wages due to the fact that I had to sign a non-compete agreement that states i cannot work for another competitor for a year after leaving, which stops me from going back to work for my last employer, which i tried to already and they wouldn't rehire me because of that. One year of wages would be about $30,000 and then maybe some for my pain and suffering and/or emotional distress I dealt with. I don't know what to do because i have heard soo many different things... so hope someone can help me out. Thanks!!

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Discrimination and Harassment Based on Disability

    I gave them all the paperwork they requested for workplace arrangement, and they eventually put me on a really weird schedule because i asked for an early one... but it was too early for me. When I asked for a different one... they were not willing to give me another one.
    They aren't required to schedule you to your liking. If you are unable to work a schedule that meets the needs of the business, the company can let you go.

    And the trainer was "addressed" about the issue, but still works for them.
    They aren't required to fire the trainer just because someone complained.

    So i was going to ask for one year of wages due to the fact that I had to sign a non-compete agreement that states i cannot work for another competitor for a year after leaving, which stops me from going back to work for my last employer, which i tried to already and they wouldn't rehire me because of that.
    Non-compete agreements are often unenforceable. You'd need to have yours looked at by an employment attorney in your area to determine whether or not it's actually enforceable.

    From where I'm sitting, you really don't seem to have much of a claim. Some guy you worked with was a jerk, but your employer did not discriminate against you. Discuss your situation with an attorney, but honestly, don't expect to get a $30K settlement just because some guy you worked with couldn't behave better than a common baboon.

  3. #3
    Join Date
    Mar 2010
    Posts
    2

    Default Re: Discrimination and Harassment Based on Disability

    Whether he was a jerk or not, the company's employee handbook clearly states that harassment can be in the form of jokes or statements that someone could find offending. What he did was offensive to me and a slap in the face to what i have to deal with everyday. So if that's not harassment, then I don't know what is. And by law, they have to accommodate me with a schedule that will work for me, which they failed to do so... I physically couldn't do the schedule they gave me, and even with medical documentation from my specialist, they wouldn't offer me a new one. What else was I supposed to do? What I don't understand is how there are some people that sue companies for millions for some of the most BS reasons... and win... but i don't have a case when some jerk made fun of my disability??? Our legal system is bullshit!!! Whether people think I have a case or not... I will take this as far as I possibly can to make sure that at least this company gets negative publicity.

  4. #4
    Join Date
    Dec 2007
    Posts
    2,357

    Default Re: Discrimination and Harassment Based on Disability

    Nobody is going to help you get the company "negative publicity". You can expect, however, that such actions could ruin any reputation you may have in the industry.

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