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Filing EEO against my supervisor, HR, internal EEO office, and entire university
The list is far too long how I've been discriminated against, agreements have been made for reasonable accommodations (such as work at home---when my boss marked me as absent while she benefited from the work I had done), to breaches of confidentiality, violations of internal policy, and more importantly, not recognizing me as having a bonafide impairment under ADA and the Rehab Act of 1973 (secs 503/504--which apply to federally funded entitites, I work at a major university). I have FMLA, but it isn't the issue here. It all came to a head last week. HR and my supervisor wanted to meet with me when I said I needed to record the meeting since my knuckles were swollen at the end of the day and I could not take notes and wanted it all on record, both HR and my supervisor did not allow it--in a meeting that was supposed to be about accommodations!!! There had been far too much gossip, "he said, she said," conspiracy to humor me, etc...and the internal EEO officer (ada specialist) is even in on it. Despite my requests for confidentiality, she'd call HR who'd call my boss, keeping them apprised of everythig she was told in confidence.
There is more, so much more--I have a log and tape recording. I spoke to an attorney who advised me to try internal resolution to have it on the record before filing with EEO externally.
I won't stop until my employers are made to view hcv as a bonafide impairment requiring reasonable accommodations and are made to put university-nondiscrimination policies into practice.
Know of any weblinks with info/help on situations like mine?
There is more, so much more--I have a log and tape recording. I spoke to an attorney who advised me to try internal resolution to have it on the record before filing with EEO externally.
I won't stop until my employers are made to view hcv as a bonafide impairment requiring reasonable accommodations and are made to put university-nondiscrimination policies into practice.
Know of any weblinks with info/help on situations like mine?
I have copies of my charges (internal grievances and EO complains and all backup--in detail) that can all be posted on a website. I currently don'[t have oa site prepared, though I'd be willing to upload to a HEP C advocacy site so others can follow and learn from.
I am about to go to Ohio Civil Liberities Commmission and next stop will be EEO, and then a personal suit.
Anyone have a hep c advocacy site where I can upload my complaints and background and update it as it happens? I'm finding more an more wrong as we go along. All I wanted was to do my job, and this is becomming bigger and bigger all the time.
My original attorney (family friend) is a member of the law firm that is very heavily tied with my employer. She managed to get some expertise for me "under the radar" so long as I don't mention the name of the firms involved to anyone .
It's kind of a cool mystery....and full secret support. THe firms in question are amongts the biggist in this area.
If anyone has legal backup or info, or where I can upload my info, it would be great. It might help others.
My fatigue is wiping me out totally over this, otherwise I'd start a blog or sumpin. I can't tell you how exausted I am.
THanks much for all your support.
I am about to go to Ohio Civil Liberities Commmission and next stop will be EEO, and then a personal suit.
Anyone have a hep c advocacy site where I can upload my complaints and background and update it as it happens? I'm finding more an more wrong as we go along. All I wanted was to do my job, and this is becomming bigger and bigger all the time.
My original attorney (family friend) is a member of the law firm that is very heavily tied with my employer. She managed to get some expertise for me "under the radar" so long as I don't mention the name of the firms involved to anyone .
It's kind of a cool mystery....and full secret support. THe firms in question are amongts the biggist in this area.
If anyone has legal backup or info, or where I can upload my info, it would be great. It might help others.
My fatigue is wiping me out totally over this, otherwise I'd start a blog or sumpin. I can't tell you how exausted I am.
THanks much for all your support.
Hi revenire;
Not a problem. Best part? I am only 5'1 1/2". As I said I had dropped a lot of weight but I am now UP to 105 lbs.
The boss that harrassed me - 6' 7" and 470 lbs. I guess it made him feel powerful. :-) The moral - don't mess with us little ones.
Cathie.
Not a problem. Best part? I am only 5'1 1/2". As I said I had dropped a lot of weight but I am now UP to 105 lbs.
The boss that harrassed me - 6' 7" and 470 lbs. I guess it made him feel powerful. :-) The moral - don't mess with us little ones.
Cathie.
Hi there;
In January 2003, I advised my immediate supervisor of my Hep C because I was going to begin treatment. I told him that I have scheduled all my doctor and blood taking appointments for 4:00pm (I finish work at 3:30). I also told him that my neighbour, who also works the same hours and works out of this building, was going to ride-share with me. This would help if I wasn't feeling the best on some days and didn't really want to drive myself on the highway.
I also told him that I had not informed my family of my illness as yet but had planned to that weekend when I was going to visit my parents who live about 100km away. He was also aware that the reason I had not told my parents was because I had found out I was positive on Dec. 20, 2002. On Dec 18, 1998 my brother found out he had cancer, we also found out he had Hep C. My brother passed away Dec. 19, 1999. The whole timing issue was very sensetive.
The next week, my boss dropped a letter on my desk. It stated that as of January 31, my hours were going to change so I would start an hour later which meant I would finish an hour later. I was stunned. I didn't know what to do. The union got involved and tried to reason with him and his immediate boss but they were not going to budge. I ended up with a second letter in my file for being uncooperative. This letter was later removed. I work for a municipal transportation department and this eventually got to the Mayor's Office and the CAO's Office.
My immediate boss was fired. But, I don not know what would have happened to a person with no connections. The Mayor happened to be my brother-in-law (married to my sister). They had not even been told of the Hep C at that time.
This was a clear case of discrimination - I later dropped my case because my boss was gone. What happens when you don't have that backing?
Cathie.
In January 2003, I advised my immediate supervisor of my Hep C because I was going to begin treatment. I told him that I have scheduled all my doctor and blood taking appointments for 4:00pm (I finish work at 3:30). I also told him that my neighbour, who also works the same hours and works out of this building, was going to ride-share with me. This would help if I wasn't feeling the best on some days and didn't really want to drive myself on the highway.
I also told him that I had not informed my family of my illness as yet but had planned to that weekend when I was going to visit my parents who live about 100km away. He was also aware that the reason I had not told my parents was because I had found out I was positive on Dec. 20, 2002. On Dec 18, 1998 my brother found out he had cancer, we also found out he had Hep C. My brother passed away Dec. 19, 1999. The whole timing issue was very sensetive.
The next week, my boss dropped a letter on my desk. It stated that as of January 31, my hours were going to change so I would start an hour later which meant I would finish an hour later. I was stunned. I didn't know what to do. The union got involved and tried to reason with him and his immediate boss but they were not going to budge. I ended up with a second letter in my file for being uncooperative. This letter was later removed. I work for a municipal transportation department and this eventually got to the Mayor's Office and the CAO's Office.
My immediate boss was fired. But, I don not know what would have happened to a person with no connections. The Mayor happened to be my brother-in-law (married to my sister). They had not even been told of the Hep C at that time.
This was a clear case of discrimination - I later dropped my case because my boss was gone. What happens when you don't have that backing?
Cathie.
<a href="http://www.hcop.org/hcvinfo/category/index.cfm?categoryid=42">Legal Issues and hepatitis C</a>
Good luck with this. I would like to hear from you regarding this process and how it unfolds for you.
<a href="http://www.patientsarepowerful.org/index.cfm">Patients Are Powerful</a>
You may already be beyond this stage but they may be able to help too.
You may already be beyond this stage but they may be able to help too.
Hi Thaneby,
What is your organization? Do you have a website? I'd like to check it out.
What is your organization? Do you have a website? I'd like to check it out.
I actually wanted to be on medical disability. It did not create a financial hardship because I am still receiving 100% of my wages. A difference I see is that I pre arranged a 1/2 time schedule that I was confident would work for me. I had been on tx for 2 months before I went to 1/2 time and knew what the effects were. The only snag was that I had a bad thyroid problem arrise as a result of tx and had to take 10 full days off shortly after we had determined the 1/2 time schedule.
I don't see it as I settled for the disability specialist making the decision. I believe she enlightened my boss that hepc is a valid and serious illness and that tx causes major side effects. My boss and boss squared have been supportive by taking work off of my plate until I get back to full time.
As for the doc, I told him I didn't feel well enough to work full time and he said, no problem, I think it would be good for you to cut back, just send me the paperwork to be signed.
I can feel and hear your pain about this and I don't blame you for feeling like you do. Fifteen years is a long time to work for an employer and then not have them be there for you when you need them.
I feel like being on medical disability is working for me.
I don't see it as I settled for the disability specialist making the decision. I believe she enlightened my boss that hepc is a valid and serious illness and that tx causes major side effects. My boss and boss squared have been supportive by taking work off of my plate until I get back to full time.
As for the doc, I told him I didn't feel well enough to work full time and he said, no problem, I think it would be good for you to cut back, just send me the paperwork to be signed.
I can feel and hear your pain about this and I don't blame you for feeling like you do. Fifteen years is a long time to work for an employer and then not have them be there for you when you need them.
I feel like being on medical disability is working for me.
You know, I've been thinking about you and feeling bad for you. It is tough enough to fight this disease but then to have to battle the HR people etc. is just criminal. I am glad you have the fight in you. I would do exactly as you are.
Thanks for your comments, they help me feel not alone.
Caruu, your experience has a slight echo of mine. My boss and I had agreed to what we felt were reasonable accommodations (flex time, working from home, shifted schedule, etc.) but rather than practice what we agreed, when I'd tell her that I I'd be working from home due to physical fatigue and inability to come in, she'd chalk it up as an absence. Although she'd agreed to accommodations, she saw my days at home as sick, rather than as working and counted them against me. She knew I'd always have my work done, and on good weeks I'd oftn put in as much as 60-70 hours (salaried) to be sure I was always caught up.
She got HR involved because she was concerned about attendance, and THEY told me I should be on short term disabiility or intermittent leave, and refused to hear about my arrangments wit my boss. I insisted that leave and/or disability leave would put me into financial hardship (bigtime) and that I was perfectly capable of working and doing my job with just some flexibility. Besides, it was nothing new....I had worked such a flexible schedule BEFORE I was diagnosed, but in November I met with my boss to suggest I may need a bit more consideration at times.
In short, I ended up limited to 8 hrs per day, any missed hours counted unpaid towards FMLA, with no opportunity for overtime or to make it up. This is not only an ADA issue, but a DOL issue. It gets worse.
My question to caruu being, why did you settle for an "diabilities specialist" telling you what you need to do regarding your personal medical condition? My doc certified I'd need a flexible schedule. This would cause no hardship on my employer. I refuse to let HR override my doctor unless they can prove that my doc and my requests are unreasonable. My doc and I know my health....my employers cannot tell me what I need, only what they have available and can provide, and if they can't, they have to prove why it would be unreasonable or pose a hardship on them.
Also, there is a big difference between being "in attendance" and "in residence." Just because I was not "in residence" at my office doesn't mean that I was absent. I was simply doing the job at home as had been agreed. So one of my questions to the university re their many policy violations, is, what is the relationships of "in attendance" to "in residence"? Why did I work at home for 3 days (my boss knew this) and took 2 days as vacation because I was too fatigued to work, and yet was required to bring a dr's cert for fitness to return to work? If this was part of the reasonable accommodations we had agreed to, then I simply worked at home 3 days and took vacation for 2 days. Instead, it was counted as 5 days absence requiring a doc's note, and because I had not agreed to FMLA, it was counted as excessive. Can you see the conflicts I'm having with all this?
In short, they'be simply been humoring me. They don't think I have a bonafide disability, but am likely a slacker with excuses. So, the patronize me by pretending to provide reasonable accommodations, and yetr use attendance policies to screw me.
ARRRGGGHHHH....pisses me off just to think about it.
I have worked there over 15 years. I've been annoyed, frustrated, whiney and many things...but I've never felt the deep, painful sense of betrayal and injustice in my gut as I do now. This simply isn't right. With all their talk of diversity, eeo, aa, etc., I am determined to see them put their actions where their mouths are. For years, I've been told our HR and EEO offices are a joke. I don't find this funny at all. I'm not laying down for this one.
Caruu, your experience has a slight echo of mine. My boss and I had agreed to what we felt were reasonable accommodations (flex time, working from home, shifted schedule, etc.) but rather than practice what we agreed, when I'd tell her that I I'd be working from home due to physical fatigue and inability to come in, she'd chalk it up as an absence. Although she'd agreed to accommodations, she saw my days at home as sick, rather than as working and counted them against me. She knew I'd always have my work done, and on good weeks I'd oftn put in as much as 60-70 hours (salaried) to be sure I was always caught up.
She got HR involved because she was concerned about attendance, and THEY told me I should be on short term disabiility or intermittent leave, and refused to hear about my arrangments wit my boss. I insisted that leave and/or disability leave would put me into financial hardship (bigtime) and that I was perfectly capable of working and doing my job with just some flexibility. Besides, it was nothing new....I had worked such a flexible schedule BEFORE I was diagnosed, but in November I met with my boss to suggest I may need a bit more consideration at times.
In short, I ended up limited to 8 hrs per day, any missed hours counted unpaid towards FMLA, with no opportunity for overtime or to make it up. This is not only an ADA issue, but a DOL issue. It gets worse.
My question to caruu being, why did you settle for an "diabilities specialist" telling you what you need to do regarding your personal medical condition? My doc certified I'd need a flexible schedule. This would cause no hardship on my employer. I refuse to let HR override my doctor unless they can prove that my doc and my requests are unreasonable. My doc and I know my health....my employers cannot tell me what I need, only what they have available and can provide, and if they can't, they have to prove why it would be unreasonable or pose a hardship on them.
Also, there is a big difference between being "in attendance" and "in residence." Just because I was not "in residence" at my office doesn't mean that I was absent. I was simply doing the job at home as had been agreed. So one of my questions to the university re their many policy violations, is, what is the relationships of "in attendance" to "in residence"? Why did I work at home for 3 days (my boss knew this) and took 2 days as vacation because I was too fatigued to work, and yet was required to bring a dr's cert for fitness to return to work? If this was part of the reasonable accommodations we had agreed to, then I simply worked at home 3 days and took vacation for 2 days. Instead, it was counted as 5 days absence requiring a doc's note, and because I had not agreed to FMLA, it was counted as excessive. Can you see the conflicts I'm having with all this?
In short, they'be simply been humoring me. They don't think I have a bonafide disability, but am likely a slacker with excuses. So, the patronize me by pretending to provide reasonable accommodations, and yetr use attendance policies to screw me.
ARRRGGGHHHH....pisses me off just to think about it.
I have worked there over 15 years. I've been annoyed, frustrated, whiney and many things...but I've never felt the deep, painful sense of betrayal and injustice in my gut as I do now. This simply isn't right. With all their talk of diversity, eeo, aa, etc., I am determined to see them put their actions where their mouths are. For years, I've been told our HR and EEO offices are a joke. I don't find this funny at all. I'm not laying down for this one.
AGGGHHH!
It is this constant plug in of your wonderful organization's agenda that makes me question yours. Just when I was ready to be open about you.
It sounds as an infomarcial. "See why we need your support?" because because, because of the wonderful things we do! we are off to see...
It is this constant plug in of your wonderful organization's agenda that makes me question yours. Just when I was ready to be open about you.
It sounds as an infomarcial. "See why we need your support?" because because, because of the wonderful things we do! we are off to see...
I'm currently working 1/2 time. My employer is paying 75% of my wages through short term disability and I use flex time to make up the other 25% so I can be paid full wages. I work for a large electronics company.
My boss was initially looking into me working 1/2 time with 1/2 pay when I told her I needed to work 1/2 time because of the tx sx. After speaking to a disabilities specialist she called me immediately and said I should be on medical disability and not reduced work schedule.
I work 6 hours a day (10am-4pm), three days a week and 1 hour a day on the other two (from home). Big change...I was a 10-11 hr. a day, 5 days per week person before hepc. (maybe this is the benefit of the illness:-)
I have told some folks at work about my illness. People react differently. Some show compassion and caring, but most just don't talk about it one way or the other. I guess that's good, but it can sometimes make me feel like they don't care or are suspicious. They don't see what the tx effects are because I try to be rested and able to function well during the times I'm in the office.
Time will tell what the full impact of this is on my job. The good news is I'm going to be 54 this year and don't expect to work forever :-)
My boss was initially looking into me working 1/2 time with 1/2 pay when I told her I needed to work 1/2 time because of the tx sx. After speaking to a disabilities specialist she called me immediately and said I should be on medical disability and not reduced work schedule.
I work 6 hours a day (10am-4pm), three days a week and 1 hour a day on the other two (from home). Big change...I was a 10-11 hr. a day, 5 days per week person before hepc. (maybe this is the benefit of the illness:-)
I have told some folks at work about my illness. People react differently. Some show compassion and caring, but most just don't talk about it one way or the other. I guess that's good, but it can sometimes make me feel like they don't care or are suspicious. They don't see what the tx effects are because I try to be rested and able to function well during the times I'm in the office.
Time will tell what the full impact of this is on my job. The good news is I'm going to be 54 this year and don't expect to work forever :-)
You are not the first.
There was a case against the Regents in California quite a long time ago, and then a Supreme Court Case that our organization supported through an Amicus brief. That case was Echabel vs Chevron. One of the lawyers is on our advisory board.
The ADA has taken some hits under the current Administration, but Hepatitis C is definitely an acommodatable disability. My husband invoked it several years ago and many people have successfully invoked it since then.
I do not know the disposition of the Regents case.
I hope this helps,
thanbey
There was a case against the Regents in California quite a long time ago, and then a Supreme Court Case that our organization supported through an Amicus brief. That case was Echabel vs Chevron. One of the lawyers is on our advisory board.
The ADA has taken some hits under the current Administration, but Hepatitis C is definitely an acommodatable disability. My husband invoked it several years ago and many people have successfully invoked it since then.
I do not know the disposition of the Regents case.
I hope this helps,
thanbey
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