Possible Disability Discrimination

[Bjford1989]

Maryland,Invited for work at home program September 2015, accepted position, granted position with a start date as of February 1, 2016. Passed all prerequisites to qualify for Virtual agent program i.e., No written write ups, home desk, fire extinguisher, level 2 agent and above etc, passed at home work inspection in which all was paid through my personal income worth hundreds of dollars. Placed and approved for Short term disability due to blood disorder starting December 9, 2015 with a return to work date as of February 1, 2016. After passing my home inspection on January 4, 2016 with a comcast employee, didnt hear anything back about installing desktops onto my home desk, and went to inquire about the position. Employer states that since I was on short term disability coinciding with ADA (Americans wih disability) that I could no longer work from home due to being "inactive." Which to me sounds like disability discrimination. What case would I have here if I were to pursue? After wasted time and money with no notification as to what were the next steps?

 

[cbg]

What do you mean, STD coinciding with ADA? The ADA is not leave time; it is a law regarding accommodations that may be required when you are working. Are you sure you don't mean FMLA?

 

[Bjford1989]

Im aware ADA is not leave time, I mentioned ADA because its set as a job protection to prevent from being terminated due to my disability. My Blood disorder qualifies because ive exhausted my FMLA job protection.

 

[OHRoadwarrior]

Such positions are generally specially made for those permanently disabled. As you noted you were not supposed to start work until Feb, the time you are no longer deemed disabled. It is your lack of disability which has caused the offer to be rescinded.

 

[cbg]

You are mis-reading what the law says. They cannot say, Joe has a disability so we're going to fire him. But you are not bullet-proof, either. You can be fired for poor performance; you can be fired for excessive absence; you can be fired because your FMLA expired and you're not able to come back to work yet. In fact, you can be fired for any reason that a non-disabled employee can be fired for; they just can't fire you out of hand because of a disability.

However, I'm not saying (yet) that you have no recourse. I'm still trying to work out what happened. You want to give me a timeline again with a little more clarity?

 

[justalayman]

Im aware ADA is not leave time, I mentioned ADA because its set as a job protection to prevent from being terminated due to my disability. My Blood disorder qualifies because ive exhausted my FMLA job protection.

was this a new job (new employer) or were you working for them prior to now?

ADA has nothing to do with FMLA They are independent of each other. They can both be applicable to a situation or one or the other could be applicable. FMLA is simply protected leave. ADA involves myriad issues but most commonly whether an employer must provide accommodations to aid you in your employment and in situations such as you, where you cannot be discriminated against due to your disability.

so, are you still employed (presuming you have been employed, especially given your statement of having used any available FMLA time)?


Is the only negative action the refusal to allow you to work as you were preparing for?

 

[Bjford1989]

Thank you for your feedback ...

As you mentioned yes certain positions are made for people who are permanently disabled. I have a blood disorder condition that I will have for the rest of my life, so that qualifies as me being permanently disabled. Where do I go from there?

 

[justalayman]

Where do I go from there?

you go back and read the entire thread and answer the questions and requests for information that have been posed.

 

[Bjford1989]

Thanks for your reply.

September 2015- Offered position to work from home, met prerequisites and accepted position.

November- Received notice of Home Inspection for January 4th, confirmed appointment

December 2015- Fell ill, so went on short term disability as of December 9 2015

January- Completed appointment and successfully passed home inspection. A week goes by and haven't heard anything back about equipment installation. Emailed Manager to gain further clarity of what happened. Received response back from Manager saying I have been inactive in the system is the reason why I have not received my appointment for equipment installation. Now pause, I understand that part, but what I don't understand is why I was not contacted by anyone to let me know this information, I actually had to find out from a co worker to keep me in the loop as to what was going on. So im like, okay... that just means my job has to reactivate me back into the system THEN schedule an appointment for equipment installation, correct? No, im being giving the run around which makes absolutely no sense to me at all. I qualify for the position, I've bout my supplies and done everything asked of me to prepare for the start date, but Management is acting as if its not possible to do since I was "away" on short term disability. As Ive mentioned in a another reply, my disability is a Permant disability in which I will have for the rest of my life and the schedule they provided me is perfect for doctors visits etc that would prevent me from takig off work or probably utilizing Short term Disability ever again which was great.

Now im trying to figure out where Im going from there. Now the Manager is trying to work with me, I thank her for that.. But I just dont want to have to go left if this does not get done because as ive mentioned ive spent hundreds of dollars in preparation for this WHILE sick. It's unbelievable to me

 

[Bjford1989]

Yes Ive been working for this company for going on 3 years now. I have not been terminated, im still an employee with this company. And yes the only negative is the seemingly refusal of not granting me the position I was offered and accepted before my STD leave.

 

[Bjford1989]

Good News Everyone

I have just received a call from my Local HR Manager, and she is working diligently to get me set to go for the "work at home" program. Its a blessing and rare to have a HR representative to actually care about the employee instead of being the "puppet" for Corporate. Lets all cross our fingers.

 

[Zigner]

Its a blessing and rare to have a HR representative to actually care about the employee instead of being the "puppet" for Corporate.

I take offense at this - but I'm glad things are looking up for you.

 

[Bjford1989]

No offense to you, and shouldn't have generalized. But just have been my experiences thus far. And I thank you.

 

[justalayman]

I take offense at this - but I'm glad things are looking up for you.

so does that suggest you are an HR rep that believes there are good HR reps, a puppet that doesn't believe all puppets are corporate lackeys, or corporate taking the position that not all corporations are evil?

 

[Zigner]

so does that suggest you are an HR rep that believes there are good HR reps, a puppet that doesn't believe all puppets are corporate lackeys, or corporate taking the position that not all corporations are evil?

Yes .