terminated- elimination for position, cover up for disability?
Husband was terminated due to job being eliminated, however a posting went up the day after with similar job responsibilities, just a different job title. He belives he was actually fired because of his disability-dyslexia.
About a month ago, his supervisor told him that she and others at home office thought he was stupid because of his spelling errors and wrong word usage. She also told him that he was being judge on this. He reminded her that he was dyslexic and asked for accomadations. None were given....
The company, management, etc. has known about his dyslexia since day one. He informed HR the first day of his employment when he was signing paperwork and repeatedly throughout his employment, he has reminded everyone, suggested and asked for accomadations. All of these he feels were reasonable because it was what past employers provided him with. His suggestions and request have either been denied or ignored.
Throughout his employment, he has had to work under extreme conditions and not given the same opportunities others in his job classification or below were given. One example is that he was forced to work on a metal chair and folding table rather than a desk. He has suffered some back, neck and shoulder problems due to this. (but neve has taken off work because of this) The company delivered ergonimic chairs for his subordinates, but there was not one available for him. His boss told him he had to "deal with it".
He also was denied the ability to attend training and leadership classes that according to their handbook the people in his job classifications were required to attend.
He's filed a claim with EEOC. Although on the EEOC it states the process "If the evidence establishes that discrimination has occurred ...EEOC will then attempt conciliation with the employer to develop a remedy for the discrimination." We wonder if there is a backlog and if more often they just give the charging party a "right to sue" letter. We don't really have that much money if we need to take this to court ourselves...the company is a multi $billion with over 100,000 employees worldwide. We at least one document that provides evidence that sr. managment knew about his condition but most everything else is oral.
Corp. is located in MA, worksite in TN but reports up to Corp.
Answers (1)
Your husband's situation may be covered by the Americans with Disabilities Act ("ADA"). It sounds from your description like he was treated differently than others and subjected to different conditions of employment. If your husband would like to set up a consultation, please contact us at jbecker@cronemason.com.
posted by James Becker, Jr. | Jan 14, 2005 1:18 PM [EST]
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