Current Events > Is this discrimination? Can I take my employer to court?

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Axiom
10/01/19 7:36:51 PM
#51:


MacadamianNut3 posted...
Only on CE would somebody call other people sheltered and then say the following with a straight face

Axiom posted...
Hell if you were his boss talking to him like this he would have a slam dunk case.


No shit Sherlock <- I would also be in a bad position for these 3 words

I don't think you know what sheltered means but I'll give you an example

MacadamianNut3 posted...
Axiom posted...
A lot of people are really sheltered and don't realize that yeah simply asking someone in the workplace something like that counts as discrimination depending where you are

Where I work supervisors are required to know or ask this specifically so that they can work around the employee's needs

Using your own experience as if it applies to this situation is a good one
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NuclearPandaz
10/01/19 7:38:07 PM
#52:


But remember, he asked me if I was on disability, meaning social welfare where he has no right to ask.
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LordRazziel
10/01/19 7:41:05 PM
#53:


You can file a complaint with the DoL, but it isn't since that will likely go to court. DoL will just make them follow the rules.
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MacadamianNut3
10/01/19 7:42:55 PM
#54:


Axiom posted...
Using your own experience as if it applies to this situation is a good one

Yeah that's one possible weird takeaway

I have another example of someone who is sheltered. Someone who is so laughably dead set on being correct that he assumes the TCs workplace doesnt have a similar policy even though what the boss stated reflects this. And then on top of that, lectures an online poster that they cant use the language that they're using because if they were TCs boss they would be in hot water

Your argument is shit but if you want I can continue showing you how it is shit
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LordRazziel
10/01/19 7:45:00 PM
#55:


MacadamianNut3 posted...
Axiom posted...
A lot of people are really sheltered and don't realize that yeah simply asking someone in the workplace something like that counts as discrimination depending where you are

Where I work supervisors are required to know or ask this specifically so that they can work around the employee's needs

They can only ask if you can preform the duties, they cant ask you anything about your disability.
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NuclearPandaz
10/01/19 7:47:06 PM
#56:


I want to do something because he had no right in asking those questions, and when I told him he couldn't ask me that he said he could, which he legally cannot.

Please explain your side so I can understand better where he doesn't go wrong.
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MacadamianNut3
10/01/19 7:49:10 PM
#57:


LordRazziel posted...
They can only ask if you can preform the duties, they cant ask you anything about your disability.

That is not the case here and may not be the case there

We all went through our annual multiple hour training a couple months ago and the language was not ambiguous. If you have a disability you are required to inform your supervisors unless it gets into personal territory where you reasonably can omit details. And in turn the supervisor is required to work around your specific needs with this information in mind so that you can perform your duties because otherwise, as stated in the training and some rando bylaws and stuff I admittedly skimmed over, them not doing that is discrimination
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Axiom
10/01/19 7:52:01 PM
#58:


TC already stated in the OP that is discriminatory at his workplace but hey keep acting a fool cause you fucked up and didn't know this was actually a thing. It's amusing

Anyway bosses often have the upper hand in cases like this which is why you'd have an uphill battle in court without a lot of hard evidence
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LordRazziel
10/01/19 7:52:04 PM
#59:


MacadamianNut3 posted...
LordRazziel posted...
They can only ask if you can preform the duties, they cant ask you anything about your disability.

That is not the case here and may not be the case there

We all went through our annual multiple hour training a couple months ago and the language was not ambiguous. If you have a disability you are required to inform your supervisors unless it gets into personal territory where you reasonably can omit details. And in turn the supervisor is required to work around your specific needs with this information in mind so that you can perform your duties because otherwise, as stated in the training and some rando bylaws and stuff I admittedly skimmed over, them not doing that is discrimination

https://www.eeoc.gov/facts/ada18.html#targetText=Can%20an%20Employer%20Require%20Medical,with%20or%20without%20reasonable%20accommodation.

It's a federal level regulation.
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MacadamianNut3
10/01/19 7:57:07 PM
#60:


LordRazziel posted...
It's a federal level regulation.

I didn't click any hyperlinks on that page but other that what was stated about applying for a job, where does it say they cant ask

Because this

Once you have been hired and started work, your employer cannot require that you take a medical examination or ask questions about your disability unless they are related to your job and necessary for the conduct of your employer's business.

doesnt argue that point. If TCs schizophrenia is affecting his job to the point he is being asked about it, going to court sounds like a waste of time and money
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NuclearPandaz
10/01/19 8:09:04 PM
#61:


MacadamianNut3 posted...
LordRazziel posted...
It's a federal level regulation.

I didn't click any hyperlinks on that page but other that what was stated about applying for a job, where does it say they cant ask

Because this

Once you have been hired and started work, your employer cannot require that you take a medical examination or ask questions about your disability unless they are related to your job and necessary for the conduct of your employer's business.

doesnt argue that point. If TCs schizophrenia is affecting his job to the point he is being asked about it, going to court sounds like a waste of time and money

And I revise my previous post. You aren't "required" to let your supervisor know, but then that just opens you up to potentially being fired before your secret comes out anyway since your boss isnt a mind reader. So it's only required unless you as an employee enjoy going through that huge hassle

He asked me if I was on social welfare.
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MacadamianNut3
10/01/19 8:12:37 PM
#62:


NuclearPandaz posted...

He asked me if I was on social welfare.

I dont see where this was mentioned before. You gotta stop dumping new info last second
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NuclearPandaz
10/01/19 8:14:31 PM
#63:


MacadamianNut3 posted...
NuclearPandaz posted...

He asked me if I was on social welfare.

I dont see where this was mentioned before. You gotta stop dumping new info last second

He asked me if I was on disability, which is social welfare.
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MacadamianNut3
10/01/19 8:26:32 PM
#64:


NuclearPandaz posted...
He asked me if I was on disability, which is social welfare.

Well just going by what I know for employer discrimination training and not studying various laws, I don't think he can ask that specific question. But everything else you said he asked isn't illegal, and you would have a hard time proving he cut hours because of your disability while being aware of it. People's hours get cut all of the time for various reasons. So you probably don't have a strong enough case

I hope this kind of language is acceptable for an e-boss does this please you Axiom or should I add a footer
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NuclearPandaz
10/01/19 9:51:24 PM
#66:


I forgot to mention, and this is most important, when I told him he was not allowed to ask me that he replied (and I quote), "I am, I'm your manager, your employer, you have to tell me or I won't be able to give you hours."

I probably should have mentioned that from the beginning.
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cardoor123
10/01/19 10:04:45 PM
#67:


Let me guess, in a few hours you're going to suddenly remember that he assaulted you as well?
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GiftedACIII
10/01/19 10:11:06 PM
#68:


Axiom posted...
TC already stated in the OP that is discriminatory at his workplace but hey keep acting a fool cause you fucked up and didn't know this was actually a thing. It's amusing

Anyway bosses often have the upper hand in cases like this which is why you'd have an uphill battle in court without a lot of hard evidence

He did not state this is against policy. He just made a broad this isnt legal statement which could very well be because he doesnt understand how his job worked.
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Carlbertomfg
10/01/19 10:15:22 PM
#69:


His employer is a true monster. This matter has gone far beyond words! We need ACTION
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Axiom
10/01/19 10:21:10 PM
#70:


MacadamianNut3 posted...
does this please you Axiom

I am pleased. Good for you. I realize admitting you were wrong is hard but hey it happens. Just do better next time
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MacadamianNut3
10/01/19 10:22:04 PM
#71:


Axiom posted...
I am pleased. Good for you. I realize admitting you were wrong is hard

Someone cant handle holding that L :((((
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NuclearPandaz
10/01/19 10:36:27 PM
#72:


cardoor123 posted...
Let me guess, in a few hours you're going to suddenly remember that he assaulted you as well?

I think you don't understand the context he said it in. He didn't say it rudely, he said it "politely" (if that's even possible).
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nothingness
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lightwarrior78
10/01/19 10:44:19 PM
#73:


First, there are online legal counsel sites that are probably better to go to than here. You can even have a chat session with an expert and everything.

That said, unless you have both some proof things happened the way you remember them or are reasonable to assume did, and some indication they were malicious in intent, trying to go through legal channels will at best probably get you some mediation to stop the questions. Slashed hours in the fast food industry probably won't cut it.
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Axiom
10/01/19 10:45:13 PM
#74:


NuclearPandaz posted...
cardoor123 posted...
Let me guess, in a few hours you're going to suddenly remember that he assaulted you as well?

I think you don't understand the context he said it in. He didn't say it rudely, he said it "politely" (if that's even possible).

Yeah somewhere else this would've been an instant write up if reported and it wasn't just disabilities. If anyone asked something as simple as "Are you from the US" if the person spoke another language counted as discriminatory and if reported would be written up. They could just be innocently asking as an ice breaker and it would still fuck them up

If someone asked what was asked of you and it was reported HR would come down hard
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OffTempo
10/01/19 10:50:55 PM
#75:


I'm not sure about legality but logistically it is the business of the employer to know the condition of their employees. Hurt emotions isn't something you can sue someone for but if you feel you have a case to make and want to pursue it then get a legal adviser, not GameFaqs.
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NuclearPandaz
10/01/19 11:06:47 PM
#76:


I talked with my brother, mother and step father.
They all agree I leave that workplace without saying too much, saying something like (calling in) "I won't be coming back in as I've been constructively dismissed, and I will be in communication with you in the not too distant future." and say nothing else, don't mention lawyers or anything.
After that I'm going to set up an appointment for Legal Aid (free lawyer) and tell them as my step father, who was a CEO of a company so he knows what is allowed to be said and not, said that I can bring him to court.

They take advantage of all the other workers, too. They never pay on time and nobody else does anything because they're too young. It's about time someone does something.
I'm telling you guys this Subway I work at isn't in good management.
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Axiom
10/01/19 11:14:04 PM
#77:


Lol holy shit Subway. Why am I not surprised. I knew of a guy that owned a subway and just shit all over the male workers while basically harassing the females/giving them "bonuses" (More hours/leeway). Unfortunately even after multiple people contacted the department nothing happened to him. Probably still owns it
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Sariana21
10/01/19 11:51:37 PM
#78:


I didn't read all the posts, so sorry if I'm repeating, but have you checked with the EEOC? Their website lists all the different types of discrimination. You also can make an appointment to talk with an "intake officer," who will evaluate your case, but it can take a really long time to get an appointment. There are deadlines for filing, too (usually either 180 or 300 days, depending on what state you live in).
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NuclearPandaz
10/02/19 12:02:23 AM
#79:


Sariana21 posted...
I didn't read all the posts, so sorry if I'm repeating, but have you checked with the EEOC? Their website lists all the different types of discrimination. You also can make an appointment to talk with an "intake officer," who will evaluate your case, but it can take a really long time to get an appointment. There are deadlines for filing, too (usually either 180 or 300 days, depending on what state you live in).

Is that American or Canadian?
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Sariana21
10/02/19 12:20:21 AM
#80:


NuclearPandaz posted...
Sariana21 posted...
I didn't read all the posts, so sorry if I'm repeating, but have you checked with the EEOC? Their website lists all the different types of discrimination. You also can make an appointment to talk with an "intake officer," who will evaluate your case, but it can take a really long time to get an appointment. There are deadlines for filing, too (usually either 180 or 300 days, depending on what state you live in).

Is that American or Canadian?

Oh, are you Canadian? I don't know about Canada.

US Equal Employment Opportunity Commission website:

https://www.eeoc.gov/

Disability page:

https://www.eeoc.gov/laws/types/disability.cfm
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NuclearPandaz
10/02/19 12:31:27 AM
#81:


Yeah I'm Canadian.
Big point that I posted once and that I should say again, is that he said I couldn't work there/he couldn't give me shifts until I told him.
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MacadamianNut3
10/02/19 1:10:26 AM
#82:


NuclearPandaz posted...
Yeah I'm Canadian.

.

Why the fuck would you wait until post #81 to say you're Canadian, also after quoting posts about American law
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DezDroppedFreak
10/02/19 1:19:25 AM
#83:


This has been one of the most frustrating threads to read in a hot minute
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NuclearPandaz
10/02/19 4:29:58 PM
#84:


So I called the Human rights commission , and they told me to go through talking to the owner about this.
If it pans out the way I think it will, I will be able to take the manager to court.
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