What is the name of your state (only U.S. law)? Ohio
Hello: I had worked as a staff accountant at a transit company for seven years. In 2010, I started to be reprimanded for sleeping at my desk. I consider this nodding off, not really "sleeping", if that makes any difference. Since my first reprimand, I sought medical help. At that time, I was diagnosed with hypothyroid disease, anemia and eventually sleep apnea. In December 2010, I needed a total hysterectomy which put me into surgical menopause and I had a horrible time with depression, anxiety and insomnia. Somehow I managed to come to work every day. The next year, I was diagnosed with breast cancer and had a mastectomy with reconstruction in January 2012. In November 2012, I was diagnosed with cancer in the other breast and required a second mastectomy. When I returned to work on January 1, my manager really slammed me with a poor review, bringing up all kinds of things I was doing wrong, although there had been no mention of these problems before I was off for surgery and technically we were to have a mid year review, but I did not get one. After this I struggled with depression, anxiety and insomnia again and once again I managed to drag myself to work everyday. I still had problems with dozing off on occasion. I take two medications that do cause sleepiness. I had a second sleep study and my cpap equipment was adjusted. I sit at a computer most of the day working on spreadsheets. Sometimes the scrolling through spreadsheets is rather hypnotic and on occasion would find my eyes closing for a few seconds. I had been reprimanded several times during this entire period. I tell my employer that this is something I can't control at all. When I do feel tired, I get up, walk around, go get some ice-water, etc. Her response is that it is not fair to the other employees if I am allowed to sleep at my desk, because it cheating the company. My manager's office is down the hall and she really doesn't know what is going on. Some of the other employees spend quite a bit of time, talking, joking, and goofing off, which apparently is ok. I fall asleep from medical problems and I am cheating everyone.
I was fired on 6/18, because a coworker told the manager that I was sleeping when she was gone for the day. Since I have had the health problems, I have been gossiped about and shunned at work. My manager is very chummy with all the others in our department, but not with me. I found out through a former coworker (who was fired after she went to HR to complain about our manager talking about everyone) that a close friend of my manager at work was basically spying on me on Facebook for my manager, then spreading rumors that I slept at my desk, because I was up on facebook all night - not true. My friend also told me that someone had told people that I had been disciplined for sleeping. I didn't say anything, so it would have to be HR or my manager.
Have I been discriminated against because of health issues? Is my manager allowed to share what I thought was private information about me?
Hello: I had worked as a staff accountant at a transit company for seven years. In 2010, I started to be reprimanded for sleeping at my desk. I consider this nodding off, not really "sleeping", if that makes any difference. Since my first reprimand, I sought medical help. At that time, I was diagnosed with hypothyroid disease, anemia and eventually sleep apnea. In December 2010, I needed a total hysterectomy which put me into surgical menopause and I had a horrible time with depression, anxiety and insomnia. Somehow I managed to come to work every day. The next year, I was diagnosed with breast cancer and had a mastectomy with reconstruction in January 2012. In November 2012, I was diagnosed with cancer in the other breast and required a second mastectomy. When I returned to work on January 1, my manager really slammed me with a poor review, bringing up all kinds of things I was doing wrong, although there had been no mention of these problems before I was off for surgery and technically we were to have a mid year review, but I did not get one. After this I struggled with depression, anxiety and insomnia again and once again I managed to drag myself to work everyday. I still had problems with dozing off on occasion. I take two medications that do cause sleepiness. I had a second sleep study and my cpap equipment was adjusted. I sit at a computer most of the day working on spreadsheets. Sometimes the scrolling through spreadsheets is rather hypnotic and on occasion would find my eyes closing for a few seconds. I had been reprimanded several times during this entire period. I tell my employer that this is something I can't control at all. When I do feel tired, I get up, walk around, go get some ice-water, etc. Her response is that it is not fair to the other employees if I am allowed to sleep at my desk, because it cheating the company. My manager's office is down the hall and she really doesn't know what is going on. Some of the other employees spend quite a bit of time, talking, joking, and goofing off, which apparently is ok. I fall asleep from medical problems and I am cheating everyone.
I was fired on 6/18, because a coworker told the manager that I was sleeping when she was gone for the day. Since I have had the health problems, I have been gossiped about and shunned at work. My manager is very chummy with all the others in our department, but not with me. I found out through a former coworker (who was fired after she went to HR to complain about our manager talking about everyone) that a close friend of my manager at work was basically spying on me on Facebook for my manager, then spreading rumors that I slept at my desk, because I was up on facebook all night - not true. My friend also told me that someone had told people that I had been disciplined for sleeping. I didn't say anything, so it would have to be HR or my manager.
Have I been discriminated against because of health issues? Is my manager allowed to share what I thought was private information about me?
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