State: Texas
I have worked for a state Agency for just over a year and a half. I was granted FMLA leave on 2/15/19, which I use intermittently, and was recently given a reasonable accommodation and recognized as having a disability under the ADA 2.5 months ago. I believe I have experienced discrimination and retaliation after formally filing and receiving an RAR, after my employer attempted to revoke my telework priviliges.
Background: I was permitted - a mutually agreed upon informal accommodation, mediated through civil rights- for over one year to telework 2 set days per week (as all staff are), and any other time as needed- which has varied in amount depending on my illness, which prevents me from being able to leave the home and increased in severity in February, when I applied for and was granted intermittent FMLA leave to manage symptoms and seek treatment.
Fast-forward to May, when a colleague complained about the amount of time I was allowed to telework and not in the office. This person has a history of negative job performance, and has had attendance issues.
I have never received a negative performance review, received a merit increase and a promotion in title during this time, all while working from home over 50% of the time- even a 4 week period as prescribed by my treatment team (my boss was fine with this). I was offered a much higher position in another part of the Agency in March- but had to decline as they could not accommodate telework.
After the complaint, my boss consulted her supervisor ("Director"), who responded by revoking my telework permissions entirely. I was told I was now expected to be in the office exclusively (no telework).
In short, I simply could not do this due to my disability, which I made the mistake of not having recognized by a formal RAR from the get-go. All other staff in my position, and under my boss are permitted to telework 2 days per week, even those without a disability. I filed and was granted a formal RAR allowing 2 days of telework and have had to use FMLA leave during other times when I have been unable to commute.
During the RAR review process, 6 days after I filed the request to continue to be allowed to telework as an accommodation, my job duties were revoked, including my role as the attendance and leave organizer. I was told no staff would now be ables to view attendance/leave requests as I believe my use of leave was called into question, but was told it was for "safety and security reasons".
I have never had an issue, and have always honestly recorded my leave, no question. I also had nearly all my other duties and access as an administrator to software revoked with no explanation given over the last month.
Two days ago, I learned that all other staff except myself have access to view their time and leave records, and have been able to do so always, despite my supervisor telling me the contrary. I confirmed I am the only staff member unable to see their leave records and was singled out.
While I was training someone, I also observed a fellow employee tell them via message that I was "special", and to be patient with me. This was hurtful, and I did report it to my supervisor who offered to discipline the person.
Lastly, my supervisor commented that I have used FMLA leave more frequently last week, and cast my increased need for treatment and time away from the office- still within my allottment, never more than 3 days consecutively off, in a negative light. Other staff have taken 12-14 weeks off uninterrupted.
The "Director", who initiated the ban of my access alone and subsequent removal of duties was dismissed from the agency one month ago for reasons I'm not clear on, but I was not the only staff member who experienced difficulty. There were other incidents, and I have been given different treatment than other staff in ways I am allowed to communicate with my supervisor, request leave, and report my work.
My question is: Does all this add up to discrimination? Do I have enough evidence to mount a strong case to retain my job and either be transferred, or reverse the environment which has now become toxic?
I fear I will be dismissed at this point after my protected leave runs out, and this situation is causing extreme anxiety and stress. Particularly to learn that I have been lied to in addition to having my duties taken away.
Thank you for reading this- I know it's long- and any guidance or advice you can offer.
I have worked for a state Agency for just over a year and a half. I was granted FMLA leave on 2/15/19, which I use intermittently, and was recently given a reasonable accommodation and recognized as having a disability under the ADA 2.5 months ago. I believe I have experienced discrimination and retaliation after formally filing and receiving an RAR, after my employer attempted to revoke my telework priviliges.
Background: I was permitted - a mutually agreed upon informal accommodation, mediated through civil rights- for over one year to telework 2 set days per week (as all staff are), and any other time as needed- which has varied in amount depending on my illness, which prevents me from being able to leave the home and increased in severity in February, when I applied for and was granted intermittent FMLA leave to manage symptoms and seek treatment.
Fast-forward to May, when a colleague complained about the amount of time I was allowed to telework and not in the office. This person has a history of negative job performance, and has had attendance issues.
I have never received a negative performance review, received a merit increase and a promotion in title during this time, all while working from home over 50% of the time- even a 4 week period as prescribed by my treatment team (my boss was fine with this). I was offered a much higher position in another part of the Agency in March- but had to decline as they could not accommodate telework.
After the complaint, my boss consulted her supervisor ("Director"), who responded by revoking my telework permissions entirely. I was told I was now expected to be in the office exclusively (no telework).
In short, I simply could not do this due to my disability, which I made the mistake of not having recognized by a formal RAR from the get-go. All other staff in my position, and under my boss are permitted to telework 2 days per week, even those without a disability. I filed and was granted a formal RAR allowing 2 days of telework and have had to use FMLA leave during other times when I have been unable to commute.
During the RAR review process, 6 days after I filed the request to continue to be allowed to telework as an accommodation, my job duties were revoked, including my role as the attendance and leave organizer. I was told no staff would now be ables to view attendance/leave requests as I believe my use of leave was called into question, but was told it was for "safety and security reasons".
I have never had an issue, and have always honestly recorded my leave, no question. I also had nearly all my other duties and access as an administrator to software revoked with no explanation given over the last month.
Two days ago, I learned that all other staff except myself have access to view their time and leave records, and have been able to do so always, despite my supervisor telling me the contrary. I confirmed I am the only staff member unable to see their leave records and was singled out.
While I was training someone, I also observed a fellow employee tell them via message that I was "special", and to be patient with me. This was hurtful, and I did report it to my supervisor who offered to discipline the person.
Lastly, my supervisor commented that I have used FMLA leave more frequently last week, and cast my increased need for treatment and time away from the office- still within my allottment, never more than 3 days consecutively off, in a negative light. Other staff have taken 12-14 weeks off uninterrupted.
The "Director", who initiated the ban of my access alone and subsequent removal of duties was dismissed from the agency one month ago for reasons I'm not clear on, but I was not the only staff member who experienced difficulty. There were other incidents, and I have been given different treatment than other staff in ways I am allowed to communicate with my supervisor, request leave, and report my work.
My question is: Does all this add up to discrimination? Do I have enough evidence to mount a strong case to retain my job and either be transferred, or reverse the environment which has now become toxic?
I fear I will be dismissed at this point after my protected leave runs out, and this situation is causing extreme anxiety and stress. Particularly to learn that I have been lied to in addition to having my duties taken away.
Thank you for reading this- I know it's long- and any guidance or advice you can offer.
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