RE: ADA violation or not? Any ideas

[Guest guest]

Document.

Document. Document.

Follow your HR

manual rules & procedures.

Have a witness.

Be reasonable

with your requests.

(No legal advice

is intended, nor is any attorney-client relationship.)

Beyke

lin, TN

karenbeyke@...

From: Rheumatoid Arthritis [mailto:Rheumatoid Arthritis ] On Behalf Of aclavern33@...

Sent: Tuesday, October 28, 2008

11:46 AM

Rheumatoid Arthritis

Subject: ADA violation or not? Any

ideas

I just started a new job today. Its call

center type work. I worked the same type of work for another company but it was

a temporary position. At the old job I gave them my accommodations and they did

what I asked. It was not a lot mostly ergonomics stuff. I needed a standard

keyboard, footrest and back rest. I also would tuck my trashcan under my desk

when my feet hurt really bad so I could prop them up.

I was assigned my own desk, headset and cubicle. We could personalize our

desks, bring blankets as its extremely cold in most call center because of all

the computers. I could have food and drink at my desk which save me lots of

time walking.

This new job...you do not get your own cubicle. You have to move. You have to

share headsets. They do give you your own set of foam ear covers and wind cover

for the headset. They do provide wipes and a station you can get cleaning

supplies to wiped down everything. The headsets are attached to the phone on

the desk. No food at all at desk, you can have drinks and hard candy. No

propping or putting feet on anything and no removing your shoes. No

personalization of anything in the cube a you do not really have a cube. They

can move you every day.

Also my schedule is not constant. Its subject to change every two weeks...with

varying days off and varying start times from day to day.

The real kicker was when I told my trainer he said I would need medical

documentation from a Doctor before they would do anything. I have never had

this happen. Is this legal?

I was also told I could not bring my lap blanket but its soo cold in the

building I spent 8.5 hrs shivering and I was so stiff and painful when I left!!

I am bring my blanket to work with me tomorrow. If they say something...I

plan to either walk out....or go to HR and then walk out and file a formal

complaint that my rights are being violated. Its so cold that I need to wear

gloves so my hands even work.

I have Rheumatoid Arthritis, Osteoarthritis and fibromyalgia.

This is what I plan to ask for since I have to get something from my doc.

Assigned desk no sharing due to immune suppressant therapy

No sharing of headset

My lap blanket

Footrest

Small form keyboard

Desk and cubicle set up ergo for me.

Any other suggestions?

Toni

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[Guest guest]

Hi Toni, Unfortunately, it doesn't sound like your new job is violating ADA. On the other hand, your requests are not unreasonable. I have had a number of jobs that were not flexible regarding my RA and did alot of research on ADA, including consulting 3 lawyers. Did you tell the company in your interview? I was told by 2 lawyers that, had I disclosed my needs in the interview they would have told me I was unfit for the job. Sadly, companies can be ruthless that way. They may follow the letter of the law, but not the spirit. After 4 years and as many jobs with bad and unaccommodating bosses and coworkers, I began my current job in January 2005. I work a political subdivision of the Commonwealth of Virginia. I was completely upfront about my needs regarding time off, breaks, medication, insurance, etc. and they have been

nothing but wonderful -- mostly due to my immediate boss. The guy I share an office with (everyone else is in cubicles) isn't allowed to come to work if he is sick (for the benefit of everyone, but esp. me). Every 6 weeks my Remicade and supplies are delivered to the office. If I'm not there everyone knows what to do with it (sign for it, open the box & put the bubble wrapped stuff in the fridge). Most of my coworkers, including my boss have biology and chemistry degrees (I'm the oddball with a BA in English) so they are very interested in how RA and the meds affect my body. In closing, I hope your company realizes that your small requests will make you a better worker. Good luck.Take care,Steph

I just started a new job today. Its call center type work. I worked the same type of work for another company but it was a temporary position. At the old job I gave them my accommodations and they did what I asked. It was not a lot mostly ergonomics stuff. I needed a standard keyboard, footrest and back rest. I also would tuck my trashcan under my desk when my feet hurt really bad so I could prop them up.I was assigned my own desk, headset and cubicle. We could personalize our desks, bring blankets as its extremely cold in most call center because of all the computers. I could have food and drink at my desk which save me lots of time walking.This new job...you do not get your own cubicle. You have to move. You have to share headsets. They do give you your own set of foam ear covers and wind cover for the headset. They do provide wipes and a station you can get cleaning supplies to wiped down everything. The headsets are attached to the phone on the desk. No food at all at desk, you can have drinks and hard candy. No propping or putting feet on anything and no removing your shoes. No personalization of anything in the cube a you do not really have a cube. They can move you every day.Also my schedule is not constant. Its subject to change every two weeks...with varying days off and varying start times from day to day. The real kicker was when I told my trainer he said I would need medical documentation from a Doctor before they would do anything. I have never had this happen. Is this legal?I was also told I could not bring my lap blanket but its soo cold in the building I spent 8.5 hrs shivering and I was so stiff and painful when I left!! I am bring my blanket to work with me tomorrow. If they say something... I plan to either walk out....or go to HR and then walk out and file a formal complaint that my rights are being violated. Its so cold that I need to wear gloves so my hands even work. I have Rheumatoid Arthritis, Osteoarthritis and fibromyalgia. This is what I plan to ask for since I have to get something from my doc. Assigned desk no sharing due to immune suppressant therapyNo sharing of headsetMy lap blanketFootrestSmall form keyboardDesk and cubicle set up ergo for me. Any other suggestions?ToniPlay online games for FREE at Games.com! All of your favorites, no registration required and great graphics – check it out!