Is there anything I can do? Is this discrimination?

[Just Blue]

Yes. It most certainly was.

Why?
****************************......

 

[Furryposm]

No offense, but as a person who is currently an officer on the local Mensa BOD, uh, no. We don't ask people to join. We'd LIKE people to join but you need to either pass the exam or provide documentation on a standardized exam that you qualify. Nobody simply gets asked. Joe Biden isn't walking through that door.

Let me change the way I said that. I took a test from the Mensa website and I was emailed asking if I wanted to take their test under supervision and properly timed ( paid for ) when I passed I could pay money to join. I have no reason or need to pay to join group. I can do as I've done here and join sites for free. I understand you wanting to state what you did. I've learned though ( with lots of practice) that most people hate being corrected especially if they're telling a story. I'm sure you read I can't lie very well. But I do like to write and I can write WAY too much. So I TRY not to explain everything. I could have said it was around 2 am on a Thursday when I got on the Mensa website after googling IQ tests online. I clicked on the take test button then proceeded over the next 45 minutes I believe taking the test . When completed I got my score 135 and went to bed . In the middle of the night I read the email sent from Mensa.

See I can go on and on. I figured saying I was asked to join Mensa was easier and shorter. Next time I'll try and explain in more detail.

 

[OK-LL]

Back to the initial issue at hand, I suspect your button-holing HR or a manager and asking for bald feedback and/or suggestions which could help you become a more valuable employee will fall on deaf ears, because first and foremost you are a hot potato, meaning a disabled employee requiring accomodation. Every interaction you have with the company is colored by this fact, whether anyone admits it or not. You are, in HR's eyes, a lawsuit waiting to happen.

In your shoes (and we sound like not dissimilar people), I would find a job which fits my needs without disclosure of my disablity and which does not require accomodation. I would do this for my own peace of mind and no other reason. I think you can run through the much larger discussion of pros and cons behind this recommendation without my participation, as can I. If you are intelligent and multi-layered and not particularly good at (either or both) recognizing and maintaining social distances and customs, you are better off not disclosing.

 

[Ladyback1]

OP--Have you looked into Vocational Rehab? If you qualify for disability, you could qualify for Vocational assistance. That could be something as simple as having help crafting a stellar resume, to going to school to get a degree or to learn a trade/get a certification; It can also include a job coach/mentor.

If you have not looked into that, I would strongly encourage you to consider it.

 

[Furryposm]

OP--Have you looked into Vocational Rehab? If you qualify for disability, you could qualify for Vocational assistance. That could be something as simple as having help crafting a stellar resume, to going to school to get a degree or to learn a trade/get a certification; It can also include a job coach/mentor.

If you have not looked into that, I would strongly encourage you to consider it.

Unfortunately since I CAN work I don't get any disability help except through phone calls to the ADA and my doctor . I tried getting it a while back before I was getting more proper pain control and was pretty much bedridden. But back then Fibromyalgia was a " mental disorder" ?

I'm actually getting a bit scared as my husband has diabetes and was just told today it's getting worse. I might have to figure out how to either work more or get a better paying job to keep us afloat. It sucks that we're neither drug addicts or alcoholics, we could get better help that way. Just saying

 

[Furryposm]

Back to the initial issue at hand, I suspect your button-holing HR or a manager and asking for bald feedback and/or suggestions which could help you become a more valuable employee will fall on deaf ears, because first and foremost you are a hot potato, meaning a disabled employee requiring accomodation. Every interaction you have with the company is colored by this fact, whether anyone admits it or not. You are, in HR's eyes, a lawsuit waiting to happen.

In your shoes (and we sound like not dissimilar people), I would find a job which fits my needs without disclosure of my disablity and which does not require accomodation. I would do this for my own peace of mind and no other reason. I think you can run through the much larger discussion of pros and cons behind this recommendation without my participation, as can I. If you are intelligent and multi-layered and not particularly good at (either or both) recognizing and maintaining social distances and customs, you are better off not disclosing.

You know, they are really scared of pregnant women. I've seen them bend over backward to accommodate them and completely over look there lack of work. (Not all pregnant women, but I've seen at least 2 do it)

 

[commentator]

Voc. rehab does not require that you be unable to work to provide you with services, or that you be a drug addict or alcoholic or low income. In many cases, they are delighted to get underemployed clients who are looking to improve themselves and are capable of being employed in a better capacity. Check them out, as they are uniquely qualified to assist you working with ADA requirements, disclosure, etc.

I also have a diagnosis of fibromyalgia, and one of the good things about it if there are any, is that it's not really obvious there's anything wrong, and therefore you need to think about non disclosure while looking for the next job, IMHO. It's just a cold hard fact of life that most employers don't want to hire a potential problem, whether they "should" or not.

 

[Furryposm]

Voc. rehab does not require that you be unable to work to provide you with services, or that you be a drug addict or alcoholic or low income. In many cases, they are delighted to get underemployed clients who are looking to improve themselves and are capable of being employed in a better capacity. Check them out, as they are uniquely qualified to assist you working with ADA requirements, disclosure, etc.

I also have a diagnosis of fibromyalgia, and one of the good things about it if there are any, is that it's not really obvious there's anything wrong, and therefore you need to think about non disclosure while looking for the next job, IMHO. It's just a cold hard fact of life that most employers don't want to hire a potential problem, whether they "should" or not.

Yes it's invisible , I did disclose it when I was going through the hiring process. I thought that way it wouldn't be a surprise. I knew about reasonable accommodation and I thought that's what I was supposed to do. Not just spring it on them. I have a standing FMLA if I need it. When I started there, there were a lot of people with different disabilities. There are still a few.

So how do I go about getting vocational rehab anyway??

Do you have any accommodations at work?

 

[cbg]

Just for future reference, you only need to disclose when and if you need accommodation. Prior to that, it's not necessary. And better if you don't.

 

[Furryposm]

Argh!!! hold me back!!!

So I know I said I was good, and could deal with my issues at work. But I went in today after a short vacation. (4 days) and this lady who has worked here a few months told me they are making her a supervisor. The position I have been trying to get for a while now.???

She left her last job because she couldn't be one without working 40 hours a week. Yet they are making her one, with no interviews or really even an opening? And get this, she can only work nights and 25 hours a week.Just like me?? How am I not supposed to think this is discrimination??

I told her I've been trying to get that job for years now. She asked why I haven't got it. I said I don't know? I asked her if she could tell why,and she said that the only thing she could see was because of my breaks. How then is this not discrimination?


What am I missing???

I just don't get it???

 

[davew128]

Why?
****************************......

Simple. Mensa is a social club that encourages membership only from people who fit the criteria of being in the "Top 2% of intelligence". Unless you've demonstrated that, you can't join. Despite that, nobody is ever ASKED to join. It's a private club where people seek membership after applying for and meeting those criteria.

 

[cbg]

She has no way of knowing why you didn't get the job. The only one who can tell you is HR. Ask them.

But can I tell you something honestly?

Over the course of this thread, I've become rather fond of you, in an odd sort of way. You're clearly a hard worker, know your own weaknesses, can take criticism, have a sense of humor, and are able to see the other side of a question when it's brought to your attention. Those are rare and valuable qualities.

But I'm not sure I'd promote you to supervisor, either. Not because of your breaks or your disability or your accommodations - because in what I've seen here, I'm not sure you have the skill set to be an effective manager. It's an intangible thing - I'd be hard put to point at something in your posts and say, "Here - this is why; this is what I mean". But when I take everything overall, I'm just not seeing that intangible quality in you that I would want to see in a supervisor. There's a bit too much emotion - not enough objectivity. While you can see the other side when it's shown to you, a supervisor has to be able to see it without being told. And I'm not sure, from where I sit, that you can do that.

You need to remember what we told you in the beginning of the thread - no one is owed a promotion by right or by law, unless you've got a legally binding and enforceable contract that says you are. And it is unquestionably discrimination - every time we pick one person, place or thing over another it's discrimination. You discriminated when you picked the blue shirt over the green one; when you ordered chicken instead of a burger. Not all discrimination is illegal - in fact, most of it is not. It's only if the discrimination is BECAUSE of a characteristic protected by law that it becomes illegal. And I don't think we have enough evidence to rule illegal discrimination either in or out. But I'm by no means as sure as you are that it's because of your disability.

I'm not saying this to be hurtful. I suspect you could learn the needed characteristics if you don't have them. And of course I could be wrong - I'm hardly in a position to make definitive statements about someone I only know from an internet message board. But it's still something to think about.

 

[Just Blue]

She has no way of knowing why you didn't get the job. The only one who can tell you is HR. Ask them.

But can I tell you something honestly?

Over the course of this thread, I've become rather fond of you, in an odd sort of way. You're clearly a hard worker, know your own weaknesses, can take criticism, have a sense of humor, and are able to see the other side of a question when it's brought to your attention. Those are rare and valuable qualities.

But I'm not sure I'd promote you to supervisor, either. Not because of your breaks or your disability or your accommodations - because in what I've seen here, I'm not sure you have the skill set to be an effective manager. It's an intangible thing - I'd be hard put to point at something in your posts and say, "Here - this is why; this is what I mean". But when I take everything overall, I'm just not seeing that intangible quality in you that I would want to see in a supervisor. There's a bit too much emotion - not enough objectivity. While you can see the other side when it's shown to you, a supervisor has to be able to see it without being told. And I'm not sure, from where I sit, that you can do that.

You need to remember what we told you in the beginning of the thread - no one is owed a promotion by right or by law, unless you've got a legally binding and enforceable contract that says you are. And it is unquestionably discrimination - every time we pick one person, place or thing over another it's discrimination. You discriminated when you picked the blue shirt over the green one; when you ordered chicken instead of a burger. Not all discrimination is illegal - in fact, most of it is not. It's only if the discrimination is BECAUSE of a characteristic protected by law that it becomes illegal. And I don't think we have enough evidence to rule illegal discrimination either in or out. But I'm by no means as sure as you are that it's because of your disability.

I'm not saying this to be hurtful. I suspect you could learn the needed characteristics if you don't have them. And of course I could be wrong - I'm hardly in a position to make definitive statements about someone I only know from an internet message board. But it's still something to think about.

I have tried several times to put into words what I thought about OP last post and just could not...Thank You CBG for doing it for me.

Kindly and beautifully stated.

 

[Furryposm]

cbg, of course I'm not mad at you.

I like to be challenged! I asked HR and again they said my hours. Then she said she didn't know I wanted the position?? Crazy huh? As far as me being able to manage, I've done it several times before. I ran a weekend center for disabled adults and teens through Easter seals. I ran a bakery department at a grocery store, a house for bedridden disabled children, I had my own not for profit that rescued animals,a gun shop,vacuum shop a fast-food restaurant I was more of a manager trainer at fast-food place as our store was where managers came to learn before they got their own. (Long story there about what could have easily been sexual harassment if it existed back then) then a pet store and a video store.

Damn that's a lot huh? But I was work-aholic then. On I forgot Veterinary clinic where I managed the surgery equipment department.


I've had plenty more jobs, but those are ones in which I have been a supervisor of some sort. I kinda get bored easy and when its no longer challenging I move on. I've been at this store for over eight years now. I think the longest before that was three years?

When it comes to managing, I can see both sides, because I've been where they are and I treat them like I wanted to be treated. I've never had a complaint over my supervisor skills. It's usually more often that I hear from coworkers " you know so much why aren't you the manager?" Or " You know you would make a great manager"


This is literally the only place that refuses to see my potential? I'm baffled ?

So on another note, there ended up being a job opening after all.one lady who had it ( the one I said wasn't so bright) got fired.


I think it was wrongful, yet I'm not sure she can do anything because Oregon is an at will state.

They have been forcing us to!" Make it right" for the guest. Like price matching fake webpages , do unlimited no receipt returns and take all sorts of bogus coupons.

So this lady (we'll call her Sue) was doing all of this, like we were told. And because one particular person came in and only went to Sue for price matching. ( they are using zipcodes from Chicago to pull up pages) the security team started watching her. Now Sue had no clue this woman only came in when she was there??? How could she?

They kept track of how much she saved this person over some period of time. I guess it was like $1300.mind you just last night I did $2000 of no receipt returns in a four hour period! By myself! And I'm being told this is what I have to do per the company.


So they decided she must be getting some sort of kickback from this person. Yet, even though she is a total sweetheart , she is not bright enough to open a Facebook account without help.so she doesn't have one.



So cbg expert opinion? I've since decided I'm not going to go above and beyond for my guests ( I work at guest service) unless one of two things happens. Either I get approval every time, or they write a contract stating what they want exactly and that I won't get in trouble for doing such an act!

 

[cbg]

That's not wrongful in the legal sense. Read my signature, kiddo. If there isn't a specific law that says you can't be fired for that reason, it's not a wrongful term.

It might be unfair. It might be unjust. It might be based on incorrect information. It may be that they are "wrong" in the sense that she's not doing what they think she's doing. But it's not a wrongful (illegal) term because there isn't a law that says you can't be fired because your employer thinks you're getting a kickback when you aren't. It's legal to fire on suspicion of wrongdoing, even if the employer is incorrect.