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  1. #1
    ERGonzalez76 Guest

    Fired for not passing a test.

    I live in Texas and the company I was working for made a contract with the union that all employees, union or not, would pass a test to get their fire license. I was not in the union, but I took my test four times and could not pass it. I have a learning disability and I have proof of this disability, but nothing was done to help. As a part of the contract, the company also stated that they would give us 16 hours of training for the test and only gave us 8 hours. I was fired after over 6 years of working there. I also found out that other offices within the company did not fire some of their union employees who had not passed their test. What can be done about this?
  2. #2
    rmet4nzkx is offline Senior Member
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    Make a complaint with the eeoc, did you ask for ADA accommodations? Do you have documentation that 16 hours of training was required but only 8 given, would you have needed all 16 to pass or more time to study? Did you ask for more itme or accommodations? Does this test substantially change the job since it wasn't given when you were hired? Is it required for insurance or required licensing? You need documentation of the LD. Do you have proof or witnesses that other employees who failed to pass, were retained and whether they were union or non union? If the had LD's? Were there other jobs available you could have worked?
    Consult an employment attorney.
  3. #3
    cbg
    cbg is offline Senior Member
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    Whoa, hold the fort a minute.

    A learning disability may or may not qualify under the ADA. Not all learning disabilities qualify and even the ones that do, don't automatically qualify by virtue of the fact that you have it. EVEN IF YOURS DOES, that does not mean that you're automatically entitled to be exempted from the regulation that you need to pass the test. It's ENTIRELY possible that giving you four tries at passing WOULD be considered a reasonable accomodation under the ADA.

    I'm not saying don't call the EEOC and I'm not saying don't contact an employment attorney - I'm saying don't assume that any laws have been violated. Having a learning disability is not a get-out-of-jail-free card.
  4. #4
    rmet4nzkx is offline Senior Member
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    Quote Originally Posted by cbg
    Whoa, hold the fort a minute.

    A learning disability may or may not qualify under the ADA. Not all learning disabilities qualify and even the ones that do, don't automatically qualify by virtue of the fact that you have it. EVEN IF YOURS DOES, that does not mean that you're automatically entitled to be exempted from the regulation that you need to pass the test. It's ENTIRELY possible that giving you four tries at passing WOULD be considered a reasonable accomodation under the ADA.

    I'm not saying don't call the EEOC and I'm not saying don't contact an employment attorney - I'm saying don't assume that any laws have been violated. Having a learning disability is not a get-out-of-jail-free card.
    From pre employment applications:LD and ADA: [url]www.eeoc.gov/facts/jobapplicant.html[/url]
    Q: Because of my learning disability, I need extra time to complete a written test. Does the ADA require an employer to modify the way a test is given to me?

    Yes. An employer may have to provide testing materials in alternative formats or make other adjustments to tests as an accommodation for you. The format and manner in which a test is given may pose problems for persons with impaired sensory, speaking, or manual skills, as well as for those with certain learning disabilities. For example, an applicant who is blind will not be able to read a written test, but can take the test if it is provided in braille or the questions are tape recorded. A deaf person will not understand oral instructions, but these could be provided in a written format or through the use of a sign language interpreter. A 30-minute timed written test may pose a problem for a person whose learning disability requires additional time.

    Thus, the ADA requires that employers give application tests in a format or manner that does not require use of your impaired skill, unless the test is designed to measure that skill.

    Example: An employer gives a written test for a proofreading position. The employer does not have to offer this test in a different format (e.g., orally) to an applicant who has dyslexia because the job itself requires an ability to read.

    Example: An employer gives a written test to learn about an applicant's knowledge of marketing trends. Maria is blind and requests that the test be given to her in braille. An individual's knowledge of marketing trends is critical to this job, but the employer can test Maria's knowledge by giving her the test in braille. Alternatively, the employer could explore other testing formats with Maria to determine if they would be effective for example, providing a reader or a computer version of the test.
  5. #5
    cbg
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    I'm not arguing the point that a learning disability CAN be covered under the ADA, Ms. Cupcake. I'm saying that on the basis of a one-paragraph post that is strictly one-sided, it would be premature to ASSUME that the law has been violated.
  6. #6
    rmet4nzkx is offline Senior Member
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    Quote Originally Posted by cbg
    I'm not arguing the point that a learning disability CAN be covered under the ADA, Ms. Cupcake. I'm saying that on the basis of a one-paragraph post that is strictly one-sided, it would be premature to ASSUME that the law has been violated.
    I know, that's why I asked if they had asked for accommodation, if they needed more time to study or more time for the test and proof of disability etc. The standard is higher for pre employment, I just tried to cover the basics, most people don't know that LD may qualify for ADA accomodations, unfortunately it also opens a can of worms, at this point it doesn't hurt to go to the eeoc since others who didn't pass are still employed, 8/16 study time was given, so there are several other issues as well.
  7. #7
    ERGonzalez76 Guest
    Quote Originally Posted by cbg
    Whoa, hold the fort a minute.

    A learning disability may or may not qualify under the ADA. Not all learning disabilities qualify and even the ones that do, don't automatically qualify by virtue of the fact that you have it. EVEN IF YOURS DOES, that does not mean that you're automatically entitled to be exempted from the regulation that you need to pass the test. It's ENTIRELY possible that giving you four tries at passing WOULD be considered a reasonable accomodation under the ADA.

    I'm not saying don't call the EEOC and I'm not saying don't contact an employment attorney - I'm saying don't assume that any laws have been violated. Having a learning disability is not a get-out-of-jail-free card.

    I am not saying that a learning disability is a get out of jail free card. Obviously if someone has attempted to take something and cannot pass it then there is a issue. The whole point of me asking this is to find out if there is a problem here, not to have someone like you come back and run their mouth. I put over six years into this company so I am entitled to protect myself and my family and my career.
    You need to learn that if you have to be rude, then don't respond. I am not out for money I am trying to make sure that I am protected. If you don't like it then don't read it.
  8. #8
    ERGonzalez76 Guest
    Quote Originally Posted by rmet4nzkx
    I know, that's why I asked if they had asked for accommodation, if they needed more time to study or more time for the test and proof of disability etc. The standard is higher for pre employment, I just tried to cover the basics, most people don't know that LD may qualify for ADA accomodations, unfortunately it also opens a can of worms, at this point it doesn't hurt to go to the eeoc since others who didn't pass are still employed, 8/16 study time was given, so there are several other issues as well.
    rmet4nxkx
    Thank you for not being one-sided as someone else on this reply. I did not know that we could ask for accommodations, but it is something to think about. We do have proof of the others employment and I have extensive proof on all of this. For others out there that have to be rude instead of give advice, I am sorry that they cannot be more like you. Thank you for the information, it really does help.
    Obviously someone needs to stay off of this website if he wants to be rude to people instead of give advice.
  9. #9
    cbg
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    I don't believe that I was rude, but if I was, it was to Ms. Cupcake, not to you. She's the one the get-out-of-jail free comment was addressed to.

    With the amount of information in your post, it is impossible to say for certain whether the law has been violated or not. It might have been - it might not have been. There is too much of a tendency on this and other boards for people to make assumptions on the basis of not enough information, and THAT'S what I was warning about.
  10. #10
    rmet4nzkx is offline Senior Member
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    At this point there is not much you can do being non union other than to go with the eeoc, good luck.

    Don't worry cbg & I get along just fine.

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