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Reasonable Accommodations - Denied


Guest Guest_imfinethanksfornotasking_*

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Guest Guest_imfinethanksfornotasking_*

Since 8/04 I worked in a daycare.  My attendance was awesome until this fall.  I started having a variety of problems, specifically with panic attacks, anxiety, and depression.  I already had serious issues with ADHD/motivation, but that was helped by medication.  However, adding meds for the other things screwed up with the ADHD medication and the result has been several months of - basically- instability.

I've taken a couple weeks off work at a time here and there, and this was approved/OK'd by my bosses.  Eventually at the end of January everything was falling apart for me so I requested to cut back to just a few days a week.  That request was denied and I was told if I couldn't work every day I could be reassigned as an "on call substitute".  I gave the every-day schedule a try but after a couple weeks I knew I couldn't count on myself to be able every day to go in.

So I sent my letter to resign my regular position and asking to be reassigned as a sub.

I've emailed three times and called twice.  No response.

Basically, they just dropped me. 

I think requesting to be an on call sub was a reasonable accommodation, especially since it was THEIR idea. 

What do you guys think?  I'm feeling much better now that my meds are stable, and I could almost go back to my regular schedule.  I am very offended that they chose not to work with me-- they could have worked with me but decided not to.  I'm assuming because they're annoyed that I had to resign my regular schedule.  But there wasn't much else I could do at that point.

Any ideas?  I just sent a message outlining why I believe their inaction and failure to reassign me is a violation of the ADA and a failure to make reasonable accommodations.  I don't really even know who my bosses boss is... sigh.  This sucks ;)

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Well its frustrating that they haven't responded to your attempts to contact them.  At this point you may take that as a decsion by inaction.

I'm not sure that the ADA applies in this case. 

First a quick check of the Dept. of Labor website, shows that the ADA only applies to employers with 15 or more employees. http://www.usdoj.gov/crt/ada/cguide.pdf

What accomodation did they not refuse you as a potential on-call employee?

You can't force them to hire you as an on-call employee. An employer still has the right to choose employees.

Given that you haven't heard from them, it would seem reasonable to find an on-call position with another facility. Even if your original employer eventually responds, you could still be on call for two different facilities.

Good luck with the job situation. Sounds like you made a wise decision to cut back your committments for the time being to improve your health.

A.M.

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Guest Guest_imfinethanksfornotasking_*

Basically they told me that my options were to work every day for 1.75 hours or be an oncall substitute.  If I had known they didnt intend on reassigning me (which they said they'd do) as a sub, then I would have made accommodation requests in regards to my regular position.  As far as I know, reasonable accommodations need to be made when there is a disability involved.  I don't see how it was unreasonable of me to expect to be placed as a sub, like they said they'd do, until I was healthy and could take the next open permanent spot that came up.  It's clear to me that I wasn't reassigned as a sub, BECAUSE of my disability.  HOw would the ADA not apply? 

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Since 8/04 I worked in a daycare.  My attendance was awesome until this fall.  I started having a variety of problems, specifically with panic attacks, anxiety, and depression.  I already had serious issues with ADHD/motivation, but that was helped by medication.  However, adding meds for the other things screwed up with the ADHD medication and the result has been several months of - basically- instability.

I've taken a couple weeks off work at a time here and there, and this was approved/OK'd by my bosses.  Eventually at the end of January everything was falling apart for me so I requested to cut back to just a few days a week.  That request was denied and I was told if I couldn't work every day I could be reassigned as an "on call substitute".  I gave the every-day schedule a try but after a couple weeks I knew I couldn't count on myself to be able every day to go in.

So I sent my letter to resign my regular position and asking to be reassigned as a sub.

I've emailed three times and called twice.  No response.

Basically, they just dropped me. 

I think requesting to be an on call sub was a reasonable accommodation, especially since it was THEIR idea. 

What do you guys think?  I'm feeling much better now that my meds are stable, and I could almost go back to my regular schedule.  I am very offended that they chose not to work with me-- they could have worked with me but decided not to.  I'm assuming because they're annoyed that I had to resign my regular schedule.  But there wasn't much else I could do at that point.

Any ideas?  I just sent a message outlining why I believe their inaction and failure to reassign me is a violation of the ADA and a failure to make reasonable accommodations.  I don't really even know who my bosses boss is... sigh.  This sucks ;)

<{POST_SNAPBACK}>

I am wondering if you have a Career One Stop center in/around your city.  Title I staff can be a valuable tool in pointing you in the right direction as far as dealing with your employer.  If anything, staff can help you find another position (I am a Career Planner in one of these centers), OVR can assist, the possibilities are endless (despite cuts in federal funding, don't get me started). 

If the daycare was a mom & pop kind of place, they may not be aware of their obligations to you as an employer.  Sadly, writing you off may have been a direct result of your letter of resignation.  That's the sticky part.  You resigning formally (ie. the letter) basically leaves you in the dust.  Your ex-employer, as sickening as it sounds, owes you nothing.  It blows.  Especially after you spent the better part of 2 years working with those people.  One would think they'd drop you a line at least.  You seem like a driven person, considering your ADA research and posting on this site for input.  I'd definitely pursue another position.  Again, a One Stop could really assist you.

Good luck!

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It's clear to me that I wasn't reassigned as a sub, BECAUSE of my disability.  HOw would the ADA not apply?
Again:  The ADA applies ONLY if the employer has a certain number of employees or greater.  This limit is in place so as to NOT overburden small employers with even more restrictions and regulations, which would likely drive many out of business.

If the daycare was a mom & pop kind of place, they may not be aware of their obligations to you as an employer.

Again-- mom & pop places have less in the way of obligations.  Jane's Daycare does NOT have the same rules and regulations to follow as IBM or Boeing, say.

Your ex-employer, as sickening as it sounds, owes you nothing.

An employer only really "owes" an employee if it is either in writing or enforced by law or regulation.  this is not France; one does not have a right to work for life.  As unfortunate as this is to some, it is one of those things that drive our economy.

While I feel for those in this situation (having been out of work for almost TWO YEARS now), we do not live in a socialist country, and certain "rights" that we take for granted are rarely, in fact, 'rights".  Mayhap you'll get your on-call status yet, but expecting your (ex)employer to hold open a position they are not sure can be filled is, IMO, asking too much of them.

And, just so you know, my fiancee was in this position a few years ago, and while we really needed the money, I certainly did not blame any of the daycares she was at for having such policies.

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I think the legal system seems to be rather unweildy. If it turns out you have a case after all, I tend to think that you will be helping the next person a lot more than yourself. If it was me I think I'd just say "fuck 'em". At least if there was someplace else to get a job.

Meanwhile, I'm sure it's no fun.

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This is a child care center in a school district that has four elementary schools, a middle school, a high school, and an alternative school.  The center itself employs more than 30 people full and part time.  And that doesn't even include the staff at all the other schools. 

I did not expect them to hold a position open for me.  My understanding was that I'd be placed on sub status until another position opened up AND my health was stable.  And in daycare, positions open up all the time.  The only reason I'd be declined an open position would be on the basis of my disability/illness.  I'm more qualified than the 17 year olds they have working there. 

So I'm going to pursue it and see what happens.  I just think people ought to be accountable and follow through.  Tricking me into resigning with false promises and discriminating against me by declining to assign me as a sub or on days when extra staff is needed is not justifiable.  I had a spotless record until my health went downhill last summer.  The only reason they'd choose not to hire me back or utilize me as a sub is my illness.  And I'm protected under the ADA.

Anyway ... gonna take a breather right now.  Maybe I should just move on but it just pisses me off.  This is a case where the ADA should work to protect me.  I wasn't asking to have my spot left open and to come and go as I pleased.  Just for a reasonable accommodation.  That wouldn't cause undue hardship.  So yeah... pissed off.

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Bugger. I threw out my 'If you have more than X number of employees you have to follow Y rules and give us an assload of money (Like 3 thousand dollars) to send you shitty posters or we'll have you arrested.' mail yesterday cause it didn't apply to me. They'll send me another next week demanding it again, though. ;)

Found it online:

ADA is 15 or more employees. ADEA is 20 or more.

And yes, rescheduling is in there.

But frankly, the only laws that seem to be useful are the race/nationality ones.

All the rest have so many loopholes I'm not sure it'd work.

http://www.eeoc.gov/facts/qanda.html

The whole 'Undue Hardship' thing in particular seems like it'd be an easy way to wriggle out of anything.

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