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I was discriminated against


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Old 7th May 2011, 12:15 AM   #46
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Originally Posted by Lauriebell82 View Post
The point is they didn't SAY anything about me not being a good fit prior to my disclosure, OR after. They just all of the sudden fired me without a single word or anything a few hours later. I never saw it coming at all, I was so confused when they told me they were firing me.
you touched briefly of a scenario that happened right before you disclosed your personal info... what exactly happened during that scenario? was something happening at that point... how did you participate with the situation that happened?
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Old 7th May 2011, 12:20 AM   #47
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FWIW, I don't think LB should continue to discuss details publicly on a forum.

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Originally Posted by 2sunny View Post
you touched briefly of a scenario that happened right before you disclosed your personal info... what exactly happened during that scenario? was something happening at that point... how did you participate with the situation that happened?
Given what she's told me, the answers to these questions really have no impact on what happened.
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Old 7th May 2011, 12:24 AM   #48
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Originally Posted by Star Gazer View Post
FWIW, I don't think LB should continue to discuss details publicly on a forum.



Given what she's told me, the answers to these questions really have no impact on what happened.
Go get them SG. Lauriebell sorry for others' ignorance.
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Old 7th May 2011, 12:46 AM   #49
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Originally Posted by Lauriebell82 View Post
Some employers are scared of Epileptics, they think they will have a seizure at anytime and effect their business or freak out their clients. It's about reputation. You'd think that in a human service field they would be understanding, but this specific facility is run more like a business/hotel then a drug and alcohol rehab.
Which is crazy, because I worked as a Child and Youth Counsellor for many years- and the majority of my co-workers came from a broken home, a background of abuse, and a litany of other issues that actually made them more qualified to help people.

As I said in my earlier post, I have an associate that can't function because of her disability- and she brings that to her supervisor's attention, her co-worker's attention, my attention, on a daily basis... And I have to treat her with kid gloves because I don't want to create a law suit for my company.

You, on the other hand didn't do anything wrong here. Epilepsy isn't a condition that would have any bearing on day to day operations. It seems ridiculous to me they'd take issue with it. Isn't the whole premise of Rehab providing a safe, compassionate, non judgemental environment?

Glad you're chatting with SG offline. She's a smart cookie.
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Old 7th May 2011, 12:53 AM   #50
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Glad you're chatting with SG offline. She's a smart cookie.
Ha, thanks. She has an attorney too, and it sounds like she's in very good hands.
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Old 7th May 2011, 1:34 AM   #51
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Originally Posted by Tayla View Post
Tara Maiden- Where on a job application is it allowed to write medical conditions ? I beleive persons' medical diagnosis and treatments are protected under federal law on applications or at time of interview? An Employer can request at time of entry for employ:
1: Drug testing
2: Physical exam
3: Mental exam
4: Any felony charges or offenses.

Don't agree with the way they handled the dismissal for Laurie yet because they kept it vague in reasoning they covered their bums.

Every politician should be fired and every lawyer dismissed if "being completely Honest" and not giving FULL disclosure was a pre-req. People tell on a need to know basis and if its a pre-req for the job duties directly.
Let's be clear here:
I'm in the UK:
It is illegal here to discriminate against anybody in terms of:
Race, gender, religious persuasion, sexual persuasion, age or disability.

However.
All applications to all jobs include a clause where any medical condition requiring regular monitoring, medical intervention or a special need (such as a wheelchair user) has to be declared, in order for the company to both adequately provide whatever you might need to fill your job role perfectly AND to cover them, and to advise their insurance company of this eventuality.

This does not infringe a person's right, because applications are confidential, but it's a safety measure designed to protect ALL parties.

I don't see that in some matters, the law in the UK is much different to Law in America, although you do have glaring differences in some matters, from State to State.
In fact, I believe, regarding some factors where prejudice might occur, the UK is a lot more open-minded and liberal than the USA.
But the law here, is very clear. Not mentioning something that might be a mitigating factor, when having been asked to do so, is an adequate reason to terminate somebody's employment, particularly during their probationary period, no matter what that factor might be.

It appears Lauriebell82 wasn't asked about any possible medical conditions on her application, so the point is moot.

Last edited by TaraMaiden; 7th May 2011 at 1:36 AM..
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Old 7th May 2011, 2:05 AM   #52
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Originally Posted by Lauriebell82 View Post
I never thought this would happen to me. I dislosed to my employer that I have a disability and they fired me. I am so confused and upset, has this ever happened to anyone? I contacted a lawyer but I am just trying to make sense of the whole thing. I don't know if I should try to go down the legal road but I feel as though I owe it to myself. I have never been discriminated against and am shocked that someone would do this to me.
W..T..F? Reading this really pisses me off. LB, they are so in the wrong and you make sure to fight this. Even if you don't get your job back, make them PAY FOR IT, $$! I am shocked that HR would allow them to do that to you.

I am so sorry, hugs..
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Old 7th May 2011, 2:13 AM   #53
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i still think there's more to this story. LB - you didn't give details about what has happened since you arrived at this job.

i'm not going to assume... but in your last job you had conflicts with the gal you worked with.

in this new job how were you received by all the staff - how were you getting along with them - and your supervisors? did they say they were happy with your performance up until the point this happened?

just trying to get a feel for how things were since you started this job...
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Old 7th May 2011, 3:07 AM   #54
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What idiots! I hope you get yours.
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Old 7th May 2011, 9:32 AM   #55
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I am really sorry, LB. It took me a long time before I told my current employer of my own health issues, this kind of thing happens so often...but for you to move and all of that, and how blatant their intentions were, how they think they can get away with it is beyond me.

Good luck with any legal action you may take against your ex-employer. And I suppose trust your next employer less with this information, if possible, until you see how they really are.
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Old 7th May 2011, 2:11 PM   #56
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Originally Posted by Lauriebell82 View Post
Okay, more info. I have Epilepsy which I was diagnosed with at age 9. I had seizures up until I was 14, which was the last time I had a seizure. I take medication everyday and am controlled. I have not had a seizure since I was 15. I never disclose to any employer up front that I have Epilepsy because I do not have seizures. Sometimes I will tell my coworkers after I get hired (like at my last job they knew) after some substantial amount of time passes and have never heard a peep from anyone. My disability does not prevent me from doing my job, nor do I need reasonable accomodations. I have to miss work to go to a doctors appointment once per year and I use vacation time. Nobody would even know if I didn't tell them.

Anyway, I have worked for this very small rehab for about 2 weeks, my husband and I recently moved. They are the ones who terminated me. I ended up disclosing to the clinical manager that I had Epilepsy yesterday after a medical emergency with a client happened. I never in a billion years assumed that I would get fired over it. They told me I "wasn't a good fit" but would not explain to me what that meant. They also told me that I could keep the relocation money they gave me, however in a contract that I signed, it said that if I or they terminate my employment prior to 90 days I have to pay back the money. Seems a little bit like hush money to me...
I don't know if you would have a case. I believe that one of the requirements for filing a claim under ADA is that the employee has to disclose the disability and how it may impact his/her work at the place of employment. I don't know what the consequences of not telling them are in this case. Obviously, they know now that you have this disability, but I am wondering if they could argue that you should have told them prior to being hired. You're protected under ADA, but I don't know if you're protected if you willfully withhold material facts from an employer.

Additionally, it might be better just to go ahead and move onto something else. You only worked there two weeks, so it's not like you would have to mention it on your CV.

Last edited by Fugu; 7th May 2011 at 2:16 PM..
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Old 7th May 2011, 3:10 PM   #57
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I don't know if you would have a case. I believe that one of the requirements for filing a claim under ADA is that the employee has to disclose the disability and how it may impact his/her work at the place of employment. I don't know what the consequences of not telling them are in this case. Obviously, they know now that you have this disability, but I am wondering if they could argue that you should have told them prior to being hired. You're protected under ADA, but I don't know if you're protected if you willfully withhold material facts from an employer.

Additionally, it might be better just to go ahead and move onto something else. You only worked there two weeks, so it's not like you would have to mention it on your CV.
I don't know if you read the whole thread, but I don't need reasonable accomodations and my disability does not effect my ability to do my job, therefore I don't have to disclose it. It doesn't even matter that I withheld the information, it's illegal to fire someone based on the fact that they disclosed they have a disability.
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Old 7th May 2011, 7:08 PM   #58
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You may be right. Anyway, it certainly sounds like they treated you unfairly. I hope you are able to land on your feet whatever happens.

Best of luck.
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Old 7th May 2011, 9:02 PM   #59
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Hi LB, I just wanted to say I'm so sorry this happened to you and *hugs*

And of course yay SG for having her back
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Old 7th May 2011, 10:12 PM   #60
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Thank you so much everyone for your kind words and support, it feels good. As SG said, she has advised me not to post any more details about the path I am taking, but I would love for everyone to keep posting and offering their support, as it has helped me get through this awful situation. I never thought this would happen to me and I cant believe it has. It's sad that their are people like this in the world.
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