workplace discrimation

[Guest guest]

Jen,

I don't think MDA will be of much help on this, but the ADA would be

a better place to get some information.

By any chance is your employer in an " at will " state? Meaning the

employer (in certain states) can fire you without reason. This

happened to me once upon a time - I fought it, but with that " at

will " clause, I eventually dropped the whole thing.

This may or may not have anything to do with disability

discrimination. Sometimes, the last person hired is the first one to

be let go in times of budget woes, or program cuts. Our special ed classes here

have been cut in 1/2!

I wasn't certain if you said you were hired on a year to year renegotiable

contract or not, but get out your contract and read every word.

Get rested and all your strength together, ask for meeting with the school

officials and also someone from your union. It is time for some mediation, and

you deserve to know WHY you're contract is not being renewed. Ask point blank if

this is because of your disability.

Plus ask for copies of your performance reviews (which I am assuming

have all been great - you did say the last one wasn't, but were you able to make

changes from that and learn and did you document what you were doing better in

reference to this?

At that mediation meeting, have someone takes notes for you, plus tape the

entire meeting. You will then have a written report of the meeting plus the

meeting on tape. It really sounds like there is no just cause for NOT keeping

you in your position, so, if you sincerely want to stay there, fight it.

It will be stressful, it may cost you some bucks. Make a list of the pros and

cons of staying at that school in that job versus changing jobs and moving on. I

did this once - finally, I chose not to fight anymore, accept what decision was

made and move on.

The neat thing is that my next job paid twice as much and was a far better

career move than anything I could have ever conjured up.

There are reasons for everything, but first resolve the issue as for WHY you are

being terminated, then go from there. I wish you well and will be thinking of

you.

Gretchen

[Guest guest]

Hi Jen,

I am trying to get you the ADA main hotline 800 phone # but I can't

find it right now. Meanwhile, read through some of the stuff at

http://hr.blr.com

So 3 good evaluations. And 1 said you're " style is too casual " (you

sit) wow - really subjective/judgemental on the part of your boss!And

the school knew about your disability upon hiring.

Yep, I agree with the union rep - I don't think this is

discrimination based on disability - but really ignorance of your

school on ADA (for everyone)

As for an " at will state " , this is where I had to let my case go. I

don't know how you would fight that except at a really top level and

alot of $.

But, it seems to me that you are good at what you do - and you need

this " accommodation " of sitting to teach. Something very simple. So,

how about a meeting like I mentioned (and I will find the ADA stuff

or I will call and get it!)

Making such a reasonable " accommodation " request like this should be

all that is needed. In the meeting you might ask WHY it is necessary

to stand so much. (I taught at a high school some years ago - since

the kids were seated, so was I - these were high school

seniors/girls - it put us more on a level of equality, but I was

still the instructor). No one ever had a problem with that or me.

So, you enjoy your job and want tenure; then do some background work

on job accommodation and you may need to prove by sitting you will be

an equally effective teacher. Still schedule that mediation meeting;

get your thoughts and questions prepared ahead of time; before the

meeting ask to see your entire personnel file too. That may shed some

other light. Be strong, let them know why you want the job (I hate to

say it, but this is sort of like selling yourself in a job

interview). You did it once, you can do it again, from a really

stronger position.

Do the parents of your students have any say in regards to their

teachers? Do you know all the parents? Do they like you? - if so,

would they write letters on your behalf? Every little bit might help.

At any rate, I'd start making a list of questions including " what is

the real reason I am not being asked to return in the fall? " The

school should be respectful and courteous to you and let you know. Is

it a funding issue? Can they bring in someone with less experience

and pay them less? And sure, they know you want tenure, tenure is the

Hope Diamond these days. Maybe the school is trying to cut future

costs too.

Lots to think about and do.

Gretchen