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Being discriminated and fired of a phobia

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R

racingrice

Guest
I have always had a phobia of pipes, example: pipes in a basement that are openly exposed, pipes that stick out of walls, furnace room, or a boiler room, etc. I can go into a basement that is furnished or doesn't have pipes sticking out.
The problem is when I apply for a job I tell them straight I can't work around pipes. Last year, I got a job through NAF (Non-Appropriate Funds working for Military lodging. On my application and interview I informed them about my fear of pipes and asked if I was going to be working near them. They said no, a few months later since I couldn't go into a room that had pipes in it, I was fired.
Now recently, I wanted to open a home daycare on Military base, I wanted to have 24/7 care, to help the Military members out that needed care around the clock. I almost didn't get approved since the Family Advocacy guy put this in my medical records: member wants to have daycare but has some phobia's which could interfere with daycare requirements. Member has intense fears associated with basements. She would do better in a CDC enviorment with Staff Support.
I think that is Discrimination, I have a handicap around pipes. I have no problems with basements. Ever since he put that info in my medical records, I will never be able to get a job on any Military Base. He ruined my life. Another thing is I am not able to have 24/7 care and take infants like I wanted to. They are only allowing me to take 3 children ages 3-8 years old. I don;t think it is fair.
:mad:
 


R

racingrice

Guest
No, my husband is Military, I never was in the Military.
 

cbg

I'm a Northern Girl
Okay, I hadn't forgotten about you, but your situation is walking a couple of different lines and I had to be sure I had the facts correct.

Since you were employed by a Federal employer, you were NOT covered by the Americans with Disabilities Act. Had you been, upon your explanation of the problem they would have been required first, to determine if your phobic condition was covered under the ADA (which is too fact-specific to handle on a message board) and, if it proved to be, enter into an interactive dialogue with you to find an accomodation that would allow you to perform the essential functions of your position (also too fact specific to deal with here). They would NOT be required to necessarily give you the accomodation you want, to lower the standards to which other employees were held, to create a new position for you or to eliminate any essential functions of the position. Whether or not they would be required to give you a transfer into an open position would have been dependent upon which Circuit you are in, as court decisions on this issue have not been consistant. This will be the case for any private, state or local government employer you go to work for in the future.

However, although I know this is not the answer you want to hear, Federal employers such as the military are not subject to this law, and I know of no way that they can be forced to amend your records. (I'm not saying there isn't any - I have very limited experience with Federal guidelines and there may be something I don't know of.)
 

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