discrimination

[PamA1962]

EEOC is not going to be involved in a union issue. It is NOT discrimination.

You have little recourse if you don't like the way the union is representing you other than to get more involved in the union. The NMB is there to rule about issues between the workers (as represented by the union) and the company.

Yes, Have reached out to the NMB and emailed them and filled a claim, I called them today and left a message. I am hoping they reply. My apologies Ron if you thought I was saying age or race... I am sorry I did not clarify ... thank you for your help I am most appreciative!

 

[HighwayMan]

my point is not age, it is not race...

So the WHY did you say THIS: The illegality of the racially discriminatory impact of seniority systems...

 

[PamA1962]

So the WHY did you say THIS: The illegality of the racially discriminatory impact of seniority systems...

It was an excerpt from a case I found on the internet... and used that as an example, to refer to with disability..

 

[cbg]

But in that case, it was the RACIAL issue that was discriminatory. Not the seniority system itself. RACE is a protected category under the law. Seniority is not.

 

[PamA1962]

But in that case, it was the RACIAL issue that was discriminatory. Not the seniority system itself. RACE is a protected category under the law. Seniority is not.

and discrimination for a disability is not?

 

[PamA1962]

Disability Discrimination & Work Situations
The law forbids discrimination when it comes to any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoff, training, fringe benefits, and any other term or condition of employment.

 

[PamA1962]

also, should my employer make a suggestion I take a leave of absence because of my health concerns?

 

[PamA1962]

I also found this information which then this would cause another question..


Under the ADA, an employer is allowed to refuse to hire or to prevent from working any individual who poses a direct threat to the health or safety of themselves or others. A direct threat means a significant risk of substantial harm. Employers have legitimate concerns about maintaining a safe workplace for all employees and members of the public. In some instances, employers may determine that the nature of a particular person's disability may cause an unacceptable risk of harm and therefore they may prevent that person from working or require that person to take leave until the threat of harm no longer exists.

The determination that there is a direct threat must be based on objective evidence and reasonable medical judgment regarding an individual's current ability to perform essential functions of a job. It cannot be based on unfounded fears or generalizations. An employer cannot refuse to hire you because it would result in a slightly increased risk or because of fears that there might be a significant risk sometime in the future. The employer must also consider whether a risk can be eliminated or reduced to an acceptable level with a reasonable accommodation.

 

[PamA1962]

Also as a result fo filing a claim against my company they have now scheduled a performance meeting with me

 

[ajkroy]

As a union member for 14 years, I knew when I was hired that I was the lowest rung on the ladder. Years of service to the company means that seniors are granted more perks (often first to bid on shifts, first to claim vacation weeks, etc). The biggest reward is also knowing that layoffs and pay restructuring happen to the newer members first.

 

[cbg]

I'm not seeing discrimination on the basis of disability in any of your posts.

 

[FlyingRon]

Allow you not to work and still get paid is not something the ADA requires as an accommodation.

 

[PamA1962]

Allow you not to work and still get paid is not something the ADA requires as an accommodation.

can company call and make suggestions for me to take a leave?

 

[cbg]

Unless you have a contract that expressly prohibits them doing such a thing, yes. They can.

 

[PamA1962]

Also, even if I continue on with my claim with EEOC, if I believe the company is trying to intimidate me, by requesting a meeting with me, can I record the conversation so I can refer to it later for reference with what is being discussed and why?