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I was discriminated against


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Old 7th May 2011, 10:43 PM   #61
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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...
This is as far as I got in your thread. Wow, that place must have some really radical guidelines as most employers would shine that on.

Now in my world this would be grounds for termination due to safety reasons. We are asked everything under the sun and are required to sign a bunch of stuff releasing the company of any liability...blah, blah , blah. I swear everytime I got called back to work I felt like a criminal because of all of that stuff I had to fill out!

Wow, won't they work with you????? Like you signing something that releases them of liability should you have an attack on company property? Or is this because of their insurance, meaning they becaome uninsurable because of you????
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Old 7th May 2011, 11:32 PM   #62
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Wow, won't they work with you????? Like you signing something that releases them of liability should you have an attack on company property? Or is this because of their insurance, meaning they becaome uninsurable because of you????
You'd think they would work with me. I don't think they will be "uninsurable" but because they are a small company, they may be thinking in terms of the fact that I would drive up the premium on their plan due to my pre-exisiting condition. I think even having me sign something releasing them from liability is discrimination, as they HAVE to offer me reasonable accomondations, they can't just have themselves released of liability since they hired me. I don't need reasonable accomondations, but legally what a corporation has to do is offer them to me after I disclose I have a disability whether I need them or not. It's illegal to follow any other procedure.

Usually when I have disclosed to previous employers it has been an informal type disclosure footnoted by the fact that I don't have seizures and am controlled by medication, therefore not hindering my ability to do my job or needing reasonable accomodations. Past employers have basically just said "okay" which is the appropriate response.

Last edited by Lauriebell82; 7th May 2011 at 11:36 PM..
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Old 8th May 2011, 1:44 AM   #63
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You'd think they would work with me. I don't think they will be "uninsurable" but because they are a small company, they may be thinking in terms of the fact that I would drive up the premium on their plan due to my pre-exisiting condition. I think even having me sign something releasing them from liability is discrimination, as they HAVE to offer me reasonable accomondations, they can't just have themselves released of liability since they hired me. I don't need reasonable accomondations, but legally what a corporation has to do is offer them to me after I disclose I have a disability whether I need them or not. It's illegal to follow any other procedure.

Usually when I have disclosed to previous employers it has been an informal type disclosure footnoted by the fact that I don't have seizures and am controlled by medication, therefore not hindering my ability to do my job or needing reasonable accomodations. Past employers have basically just said "okay" which is the appropriate response.
Wow, that is really messed up, and if something (disability) is under control I'd forget it too. Like for instance I have Graves Disease, although my labs are normal now...technically I still have the GD, and when it is active there are meds to control it...but I would forget because it's not affecting me now.

Wow LB, I am really sorry about this, although I really believe everything will turn out in your favor. There is a reason this happened...there's a better job out there for you
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Old 8th May 2011, 6:38 PM   #64
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I'm really sorry this happened to you. *Hugs* (((LB)))

I have someone close to me that also has epilepsy and she too takes medication everyday which prevents her from having seizures. Even though things are much better than what it used to be, it saddens me to see the stigma that epilepsy still carries.

Good luck and stay strong.
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Old 11th May 2011, 3:26 AM   #65
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I don't know how small your town is, or how close-knit the industry is, but if potential employers find out you are suing for discrimination, you may find getting interviews to be difficult.
No one will know, people donít even check references.
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Old 11th May 2011, 11:15 AM   #66
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I don't know how small your town is, or how close-knit the industry is, but if potential employers find out you are suing for discrimination, you may find getting interviews to be difficult.
Legally they can't ask me and I don't plan on offering up the info. As far as other ways they can find that out, I'm not sure that's something I need to find out. Where's SG when you need her...
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Old 11th May 2011, 11:27 AM   #67
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Yep, that's what the lawyer said. You are right about it not being HIPAA, I'm pretty sure I DON'T have to disclose that I have Epilepsy though and legally they can't ask me right?
What kind of job? if you are a bus driver, then yes, they shouldn't be hiring you for a job where your disability could get people killed if you have an attack of it. What kind of job was this?
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Old 11th May 2011, 11:35 AM   #68
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What kind of job? if you are a bus driver, then yes, they shouldn't be hiring you for a job where your disability could get people killed if you have an attack of it. What kind of job was this?
Not a bus driver, teacher, doctor, nurse, carnival ride operator, flight controller, or anything else that could endanger someone if/when she ever has a seizure (which she hasn't in like 13 years or something). Her condition isn't dangerous to anyone at work.

I know LB struggled a bit prpfessionally in the past, but that's irrelevant. This employer has no excuse!

I'm telling all of you that you really need to lay off and stop being so nit picky about this. It was discrimination, period. They had no reasonable basis to terminate her.
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Old 11th May 2011, 11:45 AM   #69
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Not a bus driver, teacher, doctor, nurse, carnival ride operator, flight controller, or anything else that could endanger someone if/when she ever has a seizure (which she hasn't in like 13 years or something). Her condition isn't dangerous to anyone at work.

I know LB struggled a bit prpfessionally in the past, but that's irrelevant. This employer has no excuse!

I'm telling all of you that you really need to lay off and stop being so nit picky about this. It was discrimination, period. They had no reasonable basis to terminate her.
In certain cases, if public safety was involved, someone with epilepsy would rightfully not have been hired in the first place. And should surely be fired for not disclosing it.
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Old 11th May 2011, 12:19 PM   #70
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Not a bus driver, teacher, doctor, nurse, carnival ride operator, flight controller, or anything else that could endanger someone if/when she ever has a seizure (which she hasn't in like 13 years or something). Her condition isn't dangerous to anyone at work.
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In certain cases, if public safety was involved, someone with epilepsy would rightfully not have been hired in the first place. And should surely be fired for not disclosing it.
I have a valid driver's license, therefore this would not be the case with me. Depending on the state, those with Epilepsy who actively have seizures cannot have a driver's license and have to be seizure free for like a year or something.

Certain jobs do involve driving, however reasonable accomodations say that a person has to be offered the option NOT to have to drive (like a counselor who drives clients to NA meetings) if there is alternative way to transport them there (like another person).

Some jobs require you to have a licensure which cannot be avoided (such as a bus driver) and in that case you have to have a valid driver's license to even get past the application process. I don't think that falls under discrimination, as they cannot legally put someone on the road who does not have a license.

Is that correct SG?
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Old 11th May 2011, 2:22 PM   #71
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In certain cases, if public safety was involved, someone with epilepsy would rightfully not have been hired in the first place. And should surely be fired for not disclosing it.
Public safety is not involved here.
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Old 11th May 2011, 2:26 PM   #72
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Getting in late here. Have you filed a complaint with the EEOC? What's the deadline on that, Star? I think it's either 180 or 270 days.
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Old 11th May 2011, 2:42 PM   #73
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Getting in late here. Have you filed a complaint with the EEOC? What's the deadline on that, Star? I think it's either 180 or 270 days.
SG advised me not to talk about my plan, but I think the deadline is 180 days in state of Pennsylvania.
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Old 11th May 2011, 4:00 PM   #74
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Public safety is not involved here.
Yes, N/A to me in this case.

Unfortunately people with other cases of Epilepsy have a much more difficult time finding employment. People with Status Epilepticus or who have multiple seizures per day cannot work and are very limited in their ability to function. It's so sad.

I really am so fortunate to function as well as I do. There was a time when I wasn't controlled and it was the most horrible time in my entire life. I am in the minority as far as CWM Epilepsy (controlled with medication) goes and I'm so thankful for it.

Anyway, I guess this whole thing happened for a reason, it probably wasn't the right place for me to work. I hope I find that place where they respect their employees and would never think about discriminating against someone.
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Old 11th May 2011, 4:07 PM   #75
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i still think you must have had something happen besides this - why not simply go directly to them and ask them what you did that made them fire you?

you are ASSUMING it's the epilepsy - but it may not be that at all...
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