Utah
There is a lot to this issue but I’ll summarize-
Hired in November 2018
Several weeks later began process of requesting an ADA accommodation to work less hours or part time.
Mid January finally got all the paper work I needed.
Early March- was finally told this would not be an option operationally (which I don’t believe, but I didn’t want to stir up trouble until my latter situation happened) was told to find a part time position in the company (which should be noted are few and far between)
Late March- has meeting with more senior boss asking to temporarily work PT until I can find more suitable job, within company ideally. I disclosed that in the mean time working FT will be challenging and I will have to miss work occasionally. Was told no for the temp PT and to use Paid Time Off in order to have more time off.
Mid May- used all PTO and had to miss several days of work over the course of 2 months and decided I will leave in august with or without a new position as this job is not possible for me full time. Note I was never given a formal or verbal warning regarding my absences.
Early July- part time position became available within company. Did a one week working interview and it seemed promising that I’d get the position. (Being asked when I could start, team lead mentioning how they will be soon fully staffed, implying I’ll be hired)
Mid July- told I did not get the position due to my absences in my prior position.
Reason I feel I have a legal case against my employer-
I believe they denied my ADA request unjustly, since there were other part time staff members in my department.
I was never given any warning that my absences were I inexcusable, as my co workers who were also frequently absent got verbal warnings and I didn’t.
In good faith I believed my absences were excused and would not be brought up to my new potential manager
I didn’t have the opportunity to explain that my disability was the reason for my absences in my prior position as I didn’t know my previous manager would disclose that information. I wasn’t even told they would be contacted asking about my job performance. Had I known, I would have been forthright and explained that my absences were due to fatigue and a stamina issue I have, therefore working less hours means I would not have these issues.
My previous position caused emotional and mental hardship as I was not given the normal proper training or on-boarding out of neglect from team leads, further aggravating my symptoms
I believe I was indirectly discriminated against for my disability for several reasons- I was not treated the same as my co workers. I was not given accommodations because my disability is invisible. information about me was shared of which was incorrectly interpreted, or which I did not consent to give in the first place. It put me in a position where because I didn’t disclose my disability to my potential new manager I didn’t get the job offer. the lack of accommodation in my previous position caused me to be turned down for a new position that would be better suited for my disability. I faced months of emotional, mental and physical hardship working a position without accommodations, waiting an outrageously long time to get a response regarding my accommodation, and being basically told I was getting a position I was turned down for.
I was told by a lawyer that I have a good case, but I was looking for other insights on what I should do. Do I have a good case? Even if everything they did was “legal”, the toll of these events caused detrimental harm to me and my disability, I will now be out of the job and since I’m choosing to leave I will not receive unemployment.
Any insights will be helpful, but any assumptions or judgments regarding my disability are not welcome.
I should say my goals would be the receive recognition of wrongdoing, potentially offering me the job I was turned down for because of this wrongdoing, or potential financial compensation for the toll this took on me and for the discrimination I received.
There is a lot to this issue but I’ll summarize-
Hired in November 2018
Several weeks later began process of requesting an ADA accommodation to work less hours or part time.
Mid January finally got all the paper work I needed.
Early March- was finally told this would not be an option operationally (which I don’t believe, but I didn’t want to stir up trouble until my latter situation happened) was told to find a part time position in the company (which should be noted are few and far between)
Late March- has meeting with more senior boss asking to temporarily work PT until I can find more suitable job, within company ideally. I disclosed that in the mean time working FT will be challenging and I will have to miss work occasionally. Was told no for the temp PT and to use Paid Time Off in order to have more time off.
Mid May- used all PTO and had to miss several days of work over the course of 2 months and decided I will leave in august with or without a new position as this job is not possible for me full time. Note I was never given a formal or verbal warning regarding my absences.
Early July- part time position became available within company. Did a one week working interview and it seemed promising that I’d get the position. (Being asked when I could start, team lead mentioning how they will be soon fully staffed, implying I’ll be hired)
Mid July- told I did not get the position due to my absences in my prior position.
Reason I feel I have a legal case against my employer-
I believe they denied my ADA request unjustly, since there were other part time staff members in my department.
I was never given any warning that my absences were I inexcusable, as my co workers who were also frequently absent got verbal warnings and I didn’t.
In good faith I believed my absences were excused and would not be brought up to my new potential manager
I didn’t have the opportunity to explain that my disability was the reason for my absences in my prior position as I didn’t know my previous manager would disclose that information. I wasn’t even told they would be contacted asking about my job performance. Had I known, I would have been forthright and explained that my absences were due to fatigue and a stamina issue I have, therefore working less hours means I would not have these issues.
My previous position caused emotional and mental hardship as I was not given the normal proper training or on-boarding out of neglect from team leads, further aggravating my symptoms
I believe I was indirectly discriminated against for my disability for several reasons- I was not treated the same as my co workers. I was not given accommodations because my disability is invisible. information about me was shared of which was incorrectly interpreted, or which I did not consent to give in the first place. It put me in a position where because I didn’t disclose my disability to my potential new manager I didn’t get the job offer. the lack of accommodation in my previous position caused me to be turned down for a new position that would be better suited for my disability. I faced months of emotional, mental and physical hardship working a position without accommodations, waiting an outrageously long time to get a response regarding my accommodation, and being basically told I was getting a position I was turned down for.
I was told by a lawyer that I have a good case, but I was looking for other insights on what I should do. Do I have a good case? Even if everything they did was “legal”, the toll of these events caused detrimental harm to me and my disability, I will now be out of the job and since I’m choosing to leave I will not receive unemployment.
Any insights will be helpful, but any assumptions or judgments regarding my disability are not welcome.
I should say my goals would be the receive recognition of wrongdoing, potentially offering me the job I was turned down for because of this wrongdoing, or potential financial compensation for the toll this took on me and for the discrimination I received.
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