Employment protection for people with Disabilities in America

AmityAmity Administrator, Citizen
edited June 9 in Advocacy
Hi there

One of our members is in a situation where they will need to advocate for themselves due to a change of ownership/employer and a resulting missing evidence of the pre existing accomodations agreement.

As far as I understand the Americans with Disabilities Act (1990) should be providing protection for them.

For context


SlyFox said:
I had accommodations for hours and not pushing store credit card. I had panic attack at work yesterday after they pulled me in to tell me corp said no to accommodation . i had one for last 5 years or so but company was sold to current one and they say they have no records of it. 
they say since its essential task i can't, but it was essential task before new company bought us and i had existing accommodation, i think they "lost" it on purpose. now people at work probably know i'm defective autistic which i worked really  hard to hide. being most of them are conservatives who think people who aren’t  able to survive on their own should die as survival of fittest  is natures way. they hate government steals their money to provide welfare to parasites. 
i was still sharking and tense hours after I left work early. was only clocked on for 20 mins.


This is a tough one, but worth fighting for @SlyFox, we are here you arent alone.
Ok, whatever you do, dont miss any more work, or give them an actual valid reason to let you go.

This to me, is a technique to push you out the door, all they need is for you to provide evidence that they are within their rights to let you go.

Hold firm and do your job within your abilities as agreed with the previous company.

Do you have a copy of the original accomodation agrement? Any documentation about it?

The panic you feel is normal, but not helpful at the moment, have you a way to exercise inside, a way to burn off this energy physically, to help you think clearer?









Comments

  • Statest16Statest16 Citizen, Mentor
    I could only say maybe one of those lawyers who litigates social security cases and only get's paid if they win might take on a disability discrimination case based on being paid if they win.

    Or if they won't take such a case they might know a lawyer who would take such a case.

    Also another option is legal aid,they have paralegals who are not full fleged attorney's but the benefit's system paralegals most states have could possibly help too.
  • verityverity Administrator, Citizen
    Hi Sly what state are you in?
  • Statest16Statest16 Citizen, Mentor
    verity said:
    Hi Sly what state are you in?
    I could be wrong and Sly can give a final answer but if I'm not mistaken Sly's in Oregon.
  • AmityAmity Administrator, Citizen
    edited June 8
    @SlyFox Last time this happened was in 2018 when you had a change of manager.
    You went to your doctor to get a note about your stomach issues and the effect the stress of pushing the credit cards had on your physical health, would the doctors have a record of this?


    Also



  • AmityAmity Administrator, Citizen
    It could be with HR in a seperate file

    Should medical information be kept in an employee’s personnel file?

    No. All medical information should be collected on separate forms and maintained in separate files and treated as confidential records. Such records should be kept under lock and key in the office of human resources, if there is one, separate from any supervisory files. If these records are stored electronically they should be encrypted. These records should only be shared with those who have a legitimate business reason to have the information. Front line managers and supervisors may need information about an accommodation but should not be provided with the intimate details of the employee’s medical condition or diagnosis. Safety personnel may need to know of employees with mobility issues to assist them in case of the need to evacuate the premises

    https://www.oregon.gov/boli/civil-rights/Pages/disability-rights.aspx


  • BenderBender Citizen
    I'm sorry, I can't help with the legal stuff.

    But I think it's abhorrent and highly unethical that they are allowed to do this. Even to an NT, never mind an autistic person.

    I also think it's incredibly callous to legally define employment as a privilege instead of a right, most people's livelihood depends on working 😞
  • https://www.droregon.org/

    Disability Rights Oregon

    They have disability advocates who should be able to provide information and some help. 

  • AmityAmity Administrator, Citizen
    Thanks everyone, I hope this can help someone in a similar situation.

    Keeping our independence (its how it is for me) can be the difference between having options or having limited choices.
  • Teach51Teach51 Citizen
    I am following Slyfox's progress with great concern, that is all I can offer unfortunately. Sly has been through so much in the last year.
  • SlyFoxSlyFox Citizen, Member
    hi i'm slow to process   and respond.
  • SlyFoxSlyFox Citizen, Member
    so far they haven't talked to me about it again 
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