Disability/Harrassment/Discrimination?

[TSpeed]

What is the name of your state?PA

I should have never taken this job and understand that I have to leave and am in the process of doing so. This is only the tip of the iceberg.

Been with the company 4 years. Have a disability and asked to go part time for awhile until I got the problem under control. Management agreed. I was also management. During that time my workload did not decrease/increase. At the time I also stated that they could hire in someone over/under me if they felt it neccessary just as long as I was involved in the process. I did not want to cause an undue hardship for my department and at the same time the co. was re-organizing and I did not want to work directly for the person they were putting over me. (That person, since taking over the department has tried to force me to work certain days, which was not controllable. I asked what would happen if I didn't meet the daily requirement and was told he didn't know). They hired in someone over me. Fine. Since then I've felt better and in leiu of a departmental firing, I stated to my manager's manager that I was ready for full-time again. He said that he would have to talk with my manager and they would let me know. Am I wrong in thinking that they have to return me to an equal or lesser job at full time?

Additionally, this comes about after I tried to go to my manager's manager(MM) to inform him of my manager's porn file. Only to have HR call my direct manager and tell him that I had information that he needed to get from me. Talk about uncomfortable. Later that day HR and my MM call me into a meeting to find out the facts but instead they call me a liar, wanted to know how I could destroy somebody's livelihood like that and asked ME what they should do.

Sorry it's long but am I covered under the disability act, is it harrassment when they continually try to hold me to something they didn't agree on in the beginning and am I being discrminated against b/c I turned in the manager with the porn?

My co. has no written policies if effect and change them as they see fit.

 

[Beth3]

Am I wrong in thinking that they have to return me to an equal or lesser job at full time? That depends. Was the reduced schedule time FMLA leave?

Sorry it's long but am I covered under the disability act You need to explain the nature of your disability in order for us to determine whether the ADA is a issue here.

is it harrassment when they continually try to hold me to something they didn't agree on in the beginning You lost me on that.

and am I being discrminated against b/c I turned in the manager with the porn? (1) How did you discover your manager had porn files?, (2) what gender are you and your manager?, and (3) please briefly explain what kind of porn you're referring to. Something that is similar to the photos in Playboy Magazine or are you talking about some really nasty stuff (children, people with animals, etc.)? I don't intend for this to get graphic but it matters in giving you an answer.

 

[TSpeed]

1. It was not FMLA leave.

2. I've been diagnosed with two types of depression and an anxiety disorder;was diagnosed in college but told that I've had these problems since I was in my early teens. Have had 3 severe episodes in my lifetime.

3. After the co. reorged, the new management has tried to make me work certain days of the week (Tu,W,Th), which was not originally agreed upon. The agreement was that I could work whatever (M-F) I needed to so that I could get better and return full time. At one point I was supposed to be admitted to the hos. but knew I couldn't b/c managment would not tell me what would happen if I couldn't hold to those days. Also, I was originally allowed to work at home during my part time stint and as of 2 weeks ago I no longer am allowed.

4. The manager was out on travel. He had a formula that I was to work on but it was in his office. He told me where to go get it and while I was retrieving it from his filing cabinet a folder fell between the tracks of the cabinet. I grabbed it to put it back in place but there was a magazine covered in plastic in it that caused the contents to fall out. The magazine was playboy and there about 200 computer printed pictures of women in various porn situations. Nothing really nasty. But seeing him go into the bathroom across the hall from my office a couple times a day with a folder kinda grosses me out. BTW, I'm female.

 

[Beth3]

1. Then your employer has no specific obligation to return you to your prior position or full-time status.

2. If severe enough, these medical conditions do qualify as a disability under the ADA. It sounds as though your conditions qualify.

3. It's likely allowing you to work whatever days you are able is not a reasonable accommodation under the ADA, although not being familiar with your jobs or the demands of your workplace, I can't say for certain. Not knowing what days you're going to be at work on an indefinite basis would make it very difficult for your employer to know what work would be accomplished and when therefore this wouldn't be reasonable on their part. Additionally, since they hired another individual over you when you asked for a reduction in hours, they may not have full-time work for you.

4. That is gross but it doesn't constitute sexual harassment. He had the photos in his desk and nobody else was intended to see them. (It is incredibly stupid to keep that kind of thing at work regardless however.) Your HR department was correct in notifying your manager's manager about the porn file but both acted completely improperly in calling you a liar (huh? the evidence was readily available) and to accuse you of trying to destroy someone's livelihood.

When they asked you what they thought they should do, I hope you told them that the photos should be destroyed and the manager told never to bring anything like that into work ever again.

If they are refusing to return you to full-time status in retaliation for bringing the porn to their attention, you may have a legal claim to bring under Title VII. If they're refusing to return you to full-time status because you have a disability, then you may have a claim under the ADA. But if they're refusing to return you to full-time status because they hired someone else in your area because you asked to work part-time and they no longer need you on a full-time basis, then that is legal.

You may want to discuss your situation with an employment law attorney.

 

[TSpeed]

The agreement was that I would return to full time regardless if they hired someone or not.

I was Director of R&D/QC. Honestly, my job can be done in a few hours. I still maintain the same job requirements now, even after hiring someone in over me. I do absolutely everything I did before, the new Director is supposedly still being trained (by who?) and can't do the work (27 years in the industry and 7 mos on the job). The only new thing I do is act as a technical advisor to my own new boss. Yes, that was stated in a letter. Glad I was forced to take a cut in salary so that he could get a bigger salary than I had in that position.

There are soooooo many things wrong with this place. When I was promoted to Director, the co. all of a sudden changed it's structure so that I wouldn't be the first female Director in the history of the co. This mentality is really what I'm up against and I understand that. The blatant discrimination adds to my mental stress but doesn't interfere with my job performance. They've fired every other female here that doesn't conform to the subservience. I was even told by the now head of the department that it's a shame but female managers are subservient to male managers in our particular co.

I'm sorry. Just pissin' and moanin'. Thanks for the information. I really do appreciate it. I just can't believe that some places still work like this.

 

[Beth3]

The agreement was that I would return to full time regardless if they hired someone or not. The employer anticipating they would be able to return you to full-time status does not mean that they have to now that the time has come.

I really do think you should speak to an employment law attorney. There are a whole lot of potential legal issues here and it's impossible to sort them all out in a bulletin board format, nor should you necessarily be discussing all the particulars in a public forum if you should end up making any claims against the company. An attorney is in the best position to advise you.

Good luck.