Discriminated because of Disability

[mjohanna]

What is the name of your state? California

I have recently had several disputes with my job regarding not getting paid, having my insurance cancelled for non pay even though they were deducting payments from my check and not getting my stipulated raise I was guaranteed by our union agreement. So needless to say I have been the squeaky wheel for the last 6 mnths at work.

Now the company is discriminating against me for having a disability. I know this might sound trite to some of you but it is really ticking me off. I have worked for the company for over 6 1/2 years. We pick our shift based on senority and of course I have a lot of it. Anyway I was not given my picks for new hours. I work for a call center. The company explained that I didn't get my picks because the supervisor I would be reporting to is upstairs. I do have a disability but it doesn't prevent me from taking the elevator and the company has never prevented me from sitting upstairs in the last 6 1/2 yrs. There are several employees who have mobility issues but they didn't put restictions on there seating arrangements or restrictions on their shifts. I was never informed that I could only pick shifts with seating arrangements downstairs.

Can my company enforce an accomodation on me that I don't want?

 

[You Are Guilty]

Can my company enforce an accomodation on me that I don't want?

Yep. The law only requires that it be "reasonable", not that you get to pick it.

On the other hand, if you're the only one being singled out for not getting the same accomodation as others with your disability, first thing you should be doing is speaking to your delegate.

 

[mjohanna]

Problem IS

I never asked for an accomodation. They have employees upstairs on walkers and I can walk unaided so what is the deal?

 

[mjohanna]

Guilty

Sorry Guility didn't read your whole post. I have talked to my delegate unfortunately nothing is being done. There seems to be a theme here because I am talking to the same union that is trying to get the company to pay me for my hours in november with no results.

 

[Blaine McDonald]

I never asked for an accomodation. They have employees upstairs on walkers and I can walk unaided so what is the deal?

At first glance, it doesn't appear to be an accomodation. Allowing you to use the elevator would be the accomodation, unless of course your company has a history of the elevator not being in good working order. It sounds like you may be discriminated against because of a disability.

I suggest you contact an attorney in your area that specializes in employment law.

 

[mlane58]

I never asked for an accomodation. They have employees upstairs on walkers and I can walk unaided so what is the deal?

If you never requested an accomodation, do you expect your employer to read minds and don't say "they know I have a disabilty" You need to request one and have your physician complete their portion of the request and give their recommendations as to what your accomodation should be.

 

[mjohanna]

Thanks for your advise McDonald. Mlane I never asked for an accomodation because I don't need an accomodation. The company doesn't have restrictions wether an employee sits upstairs or downstairs. They are singling me out and restricting just me. The company does have an elevator which is public use and has no restrictions. I have sat upstairs and downstairs for the last 6 1/2 yrs of employment and have had the same disability all along. Something stinks