LONG POST - Disability Discrimination?

[NM Lady]

What is the name of your state? NM

My boss was made aware that I have major depressive disorder approximately one month ago after a week-long absence due to a "meltdown." We discussed it upon my return because he asked (sarcastically) what would make any employee be out sick for a whole week I was willing to disclose to him the nature of my illness and make him aware that I am on medication and working on overcoming these spells but that they happen about once a quarter.

Last week, after seeing almost everyone else in the office with less tenure than myself ask for a raise and receive it, I got the courage to ask for a raise myself. He welcomed me into his office and I began the conversation by making him aware of the progress I've made and how organized things are now (I'm in medical records). Then I told him the reason I wanted to speak with him and he laughed. He stated that he is very pleased with the work I've been doing and that the office is in better shape than it has been in years. He also mentioned that he was aware of my depression and that he understood that it is an underlying illness and that with medication and therapy people can lead normal lives.
He heard me out and said he would talk to my direct supervisor and the other physician and see what they think. (Keep in mind that this is a small office of under 12 employees and the boss and the other physician own the business.)

When I hadn't heard anything for 5 days, I asked my supervisor if she had heard anything and she said yes, that he said he wants me monitored for 30 days and then he will make the decision whether I get the raise or not. I expressed to her that I was disappointed and felt that it was unfair that I was being "monitored" when the other employees in the office didn't have to wait. I finished out the workday and stewed over it all night.

The next morning I told him I needed to speak with him later that day and he immediately escorted me into his office - it was extremely busy because many patients had to be rescheduled that week and they were overwhelmed with procedures which was why I asked if I could talk to him later. I asked him why I was having to wait for 30 days for my raise when no one else in the office has had to. He started by saying that he knows that my depression has affected me recently and caused me to be absent quite a bit but he is not going to reward that behavior by giving me a raise. He went on to say that his opinion of depression was that it is just a bunch of "personal problems" and should be worked out outside of the workplace (isn't that what I did?)

At that point I also pointed out to him that the other employees and I had noticed that there is favoritism among the employees and that it creates unfairness and decreased morale and incentive. (The favorite is someone who was promoted within her first month of employment even though there were four others more qualified for the position. It was clear from the date he hired her that they were close.)

He raised his voice and adamantly denied there was any such thing going on and that he didn't have time to discuss this with me and that I picked a very bad time to come and talk to him. He promptly opened the door to his office and looked at me as though he was telling me to get out. I sat in my chair and told him that I was not going to walk out until this issue is resolved and he closed the door and sat back down. We continued to discuss the fact that when I am out, my desk is always caught up quickly and that I have heard no complaints about the quality of my work. He refused to discuss any further and went and got the other physician (his wife) to come in and mediate because he was getting very angry. He brought her in and told her that I was threatening him and holding him hostage and that I didn't think he was being fair. She immediately piped up that this is not a good time to discuss these issues and that from now on when an employee needs to discuss work issues or personal issues with them, they must make an appointment like the patients do.

Upon that, I got up, said "fine, I'll make an appointment," walked out and slammed the door behind me and went back to my desk to work. Five minutes later, she came and called me back into the office to explain why this is not a good time. I understood before I even asked if I could speak with him that it was a busy day - which is why I asked if I could speak with him later that day but he pulled me into his office immediately. She did not know what the initial conversation was about and had no idea why I was in the office to begin with so he pulled her into it blindly. She started telling me that my emotions were a little out of control and that we just need to calm down and talk about this. I expressed that I have a tendency to get emotional when I get upset but it's controllable and that I wanted to stand firm and I deserved a decent response to my question about having to wait.

They both began talking about how my position is the lowest paid position in the office and the responsibility is much less than the others and so on and so on. I rebutted because my desk is ALWAYS busy where the others have a great deal of down time and they pitch in and help me - not because I can't do the job but because the desk has a very heavy workload. They disagreed with the fact that my desk has a heavier workload and they began to throw out other excuses such as my qualifications for the job. I asked if they looked at my resume when I was hired and he rolled his eyes and looked at her and they asked what does it reflect? I responded that I have over 25 years secretarial experience and am actually over-qualified for the job but I wanted "medical" exposure so I accepted the position and taking a cut in pay to work there.

They clearly wanted to end the discussion so they opened the door and escorted me out so they could take care of their patients and told me that in 30 days when we have an appointment, we will have more time to talk about the issues and spend some time working on how to change things so I am happier in my job. I went back to work and didn't say a work for most of the day. I clocked out to take 1/2 hour break and my boss called me into the office to express that he doesn't like to get upset over trivial issues and that when we have more time, we can discuss it like adults.

The next day before my day even started, his wife called my supervisor and me into her office for a quick talk. She started by saying that she may be going where she shouldn_t go in this situation but she wanted to discuss the fact that I am on medication for depression. She then said she didn_t know why she was suggesting that I am taking Wellbutrin but she knew it for some reason. She then said that she thought maybe I should check with my prescribing doctor and see if maybe I need a different or additional medication to calm me down. She said she thought that my _emotional outburst_ yesterday was a result of my anxiety and that I should seek help in controlling it. I mentioned that I am also going through menopause and she recommended the estrogen patch but it_s all-dependent upon the individual. She said she liked me, and she is pleased with the work I do but that I may have been a little over-emotional which created the scene yesterday.

I interpreted that to mean that she was disallowing the fact that I had a valid point and that my emotional and mental state were the reason for the problem _ not the fact that I was being discriminated against. She also said that Dr. ***** might _tease_ me about the situation and recommended I not take it personally and _go along with it._

Please give me feedback on what to do with this. I am seeking other employment at this time without their knowledge because of the stress involved and want to know if I have a valid discrimination case and if so, how to proceed. My supervisor witnessed the entire situation but I highly doubt she would attest to any of my claims for fear of losing her job. She is also their "personal assistant" even though she only gets paid for working in the office.

Thank you and I apologize for the length

 

[tessa]

I sympathize with everything you said in your post. Unfortunatly, it seems no matter what you do, they probably will not accomidate your concerns or requests. There may be other reasons for their treatment toward you. even if you had a valid discrimination claim, it would be tough to prove. I can tell you right now, the managers, HR and probably the other co workers (for fear of their job) will lie!

I am glad you are seeking other employment. This is not worth the stress. You are stressing yourself more by staying there. They in a sense are making a fool of you. It is time to seek other jobs! Good Luck!

Tess

 

[moburkes]

How long have you worked there? How many employees does this place have?

I don't see illegal discrimination, by the way.

 

[mitousmom]

Since your employer doesn't have at least 15 employees, you are not covered by the federal statute prohibiting discrimination based on covered disabilities. You can check with the Minnesota Human Rights Commission that enforces the state statute. I think Minnesota covers an employer with at least one employee. But, for the reasons outlined below I don't think that's the best move for you now.

Since many states follow federal guidance on the EEO statutes, I should point out some of the concerns I have about the facts you present and whether they indicate possible illegal discrimination. First, it 's not clear that your employer was aware that you had a "major depressive disorder" when it was decided that employees would get a raise. If he didn't know, it couldn't have been a factor in his decision about your raise.

Further, whether a condition rises to the level of a covered disability is made on a case-by-case basis. The condition has to substantially limit a major life's activity, even when treated by medication. You haven't presented firm information that your condition has limited a life's activity. Being unable to work for a week isn't really sufficient.

I recommend that you let this settle down. I'm not sure I would have recommended handling the situation exactly as you did. The focus should have been on your ability to do the job, your performance (which he had already commended), and the fact that you were being treated differently than all the other employees, simply because you had been absent lately.

Your behavior was rather rude and unprofessional. You asked to see him; although he didn't see you when you thought it would be more appropriate, he invited you into his office. When he opened the door for you to leave, he gave clear indication that the conversation was over. What do you think gives you the right to refuse to leave until you felt the situation was resolved? Who is in charge?

Has any other employee been given a raise shortly after an extended absence for a week? Has any other employee refused to leave when "shown the door?"

It might have been more productive if you had simply asked if the promotion would be retroactive, if you demonstrated that your performance continues to be acceptable, he continues to pleased with your work and you continue to keep the office in the best shape it's been in for years. You two got distracted and emotional. He recognized he was out of control when he sought his wife's assistance.

I suggest that you heed the advice of your supervisor, except for the teasing part. If your employer does tease you, simply inform him how painful this has been for you and you would appreciate a little consideration.

I also think you need to consult with your treating therapist just to ensure that your proscribed medication is the best for you and at the optimum level. Your supervisor is in a much better position to compare your recent behavior to that before your absent, than I am. However, I was going to suggest that you discuss your situation and reaction with your therapist to see if some adjustments were necessary.

I also suggest that you let the supervisor work with your employer on the raise issue.

You can look for a new job. However, seeking one and starting one will only add considerably to your stress level and you don’t need that coupled with a depressive disorder and the emotional swings involved with menopause. You don’t seem to work for ogres. Rarely do bosses call employees back into their offices and state anything that approximates I don’t “like to get upset over trivial issues and that when we have more time, we can discuss it like adults.” I don’t know how you responded, but I hope it was favorably. If you didn’t, now may be the time.

FYI: There is no federal law that requires that employers base raises on tenure; while there are simply cost-of-living raises and contractually mandated raises, most raises are based on performance.