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ADA PROTECTION?

Posted by ryah h on 2/06/02 at 17:48 (072831)

Does anyone know, if ADA protects me anyway?I have really painful PLANTAR FASCIITIS and HEEL SPUR. I am getting harassed at work.I called ADA for advice and was told that I had no protection.That I better be real SWEET to the person who was harassing me.Hopefully she will stop!If not, I better start looking for a new job!!!!

Re: ADA PROTECTION?

Glennx on 2/06/02 at 18:49 (072843)

Ryah: There's a Three-Prong ADA Test

The ADA requires a claimant to prove that he or she has (1) a 'physical or mental impairment' that (2) adversely affects 'a major life activity' and (3) 'substantially limits' his or her ability to engage in a specific major life activity. Walking would certainly qualify, and if your condition is limiting a life activity, I believe you're protected.

The Civil Rights Act of '64, frequently amended, also prohibits discrimination against those with disabilities, though ADA is broader in scope.

A few very small employers are exempt.

The Equal Opportunity Employment Commission (EEOC) INTERPRETS and ENFORCES the Civil Rights (particularly Title VII), Equal Payment Act, Age Discrimination in Employment Act, and Americans With Disabilities Act. Try contacting a nearby EEOC office. They'll know better. You could also check their web site: eeoc.gov.

Re: ADA PROTECTION?

ryah h on 2/06/02 at 22:06 (072864)

Thank you for your help!I will check the EEOC web pages and will get in touch with them. Do you know ,if Civil Rights Act of 64 is anywhere in the net?ADA told me I have to be in a wheelchair,before they can help me!?

Re: ADA PROTECTION?

ryah h on 2/06/02 at 22:21 (072868)

I found the Civil Rights Act of 64!!! And I am now studying it!Thank you again!I am also trying to define the words ADVERSELY and SUBSTANTIALLY...For years I have walked for 30-45 minutes on my lunch breaks. Because of the pain for past 6 months I have not been able to do that.After using orthotics for about a month I was able to start walking again little by little. Then I had problems with my manager and was forced to wear regular dress shoes for over a week.The pain came right back!I had to stop walking again.Would this possibly count for the word SUBSTANTIALLY?

Re: ADA PROTECTION?

ryah h on 2/06/02 at 22:49 (072875)

I went through the Civil Rights Act of 64, but couldn't find anything about disability....

Re: ADA PROTECTION?

Glennx on 2/07/02 at 10:59 (072906)

Ryah: I am not an attorney but can share some rudimentary thinking with you. Almost certainly, not being able to exercise 'as usual' during your lunch period would NOT be a covered circumstance under any federal legislation I'm familiar with. The regs speak more to performing the essential functions of a job, occasionally with reasonable accomodation. Exercising at lunch is not part of your job.

The civil rights act of '64 banned discrimination against race, sex, national origin, religion, and perhaps a couple of other protected classes identified at the time. Subsequent legislation expands the definition of 'protected class' to include sexual harassment (a special form of sex discrimination), age, and people with disabilities. There are also federal or state laws prohibiting discrimination against work comp filers, union organizers, whistle blowers, etc. Sexual orientation is protected in some areas, as is spoken language . . . We're moving toward prohibiting discrimination against people because they're 'different.' But clearly there are social, economic, and political challenges yet to be argued.

You could perhaps get a written 'prescription' from your doctor for orthotic wear at all times. That would get the right support on your feet whenever.

You can learn much more on the net. I'd start with google. I searched 'federal pretections 'people with disabilities',' and got thousands of hits. http://www.bazelon.org/ada.html is focused on people with mental disabilities, but links to many other sites that might be more helpful. If you find a good one maybe you could share it here?

Re: ADA PROTECTION?

Andrea R. on 2/07/02 at 14:36 (072928)

Ryan,

Check to see if your state has a commission on human rights. There are state laws regarding harrassment. I know that in my state you it is illegal to harrass someone with a medical condition.

You need information on harrassment laws. There is more than just sexual harrassment.

When I returned to work after my PF surgery my boss wanted clarification of what my doctor meant by no prolonged standing or walking. My doctor ended up writing a note that gave explicit distances I could walk and cut me back to half days for two weeks and then 3/4 days. He also gave me static about being out of work so much. I now know that I could have brought him up on charges of harrassment. We had mandatory training at work regarding tolerance and harrassment in the workplace.

Good luck,

Andrea

Re: ADA PROTECTION?

ryah h on 2/07/02 at 22:16 (072975)

Glennx, thank you so much! I never knew all those links existed!I am now studying them. For 6months I was forced to work in a very busy department, where I was constantly on my feet, running around like a maniac, limping in pain all the time.I asked to be transferred to an other department, but
my supervisors and manager just laughed at me.....

Re: ADA PROTECTION?

ryah h on 2/07/02 at 22:20 (072976)

Thank you for your ideas, Andrea!I hope you are already doing better!Could you tell me about your surgery. I am so tired of being in constant pain.

Re: ADA PROTECTION?

Andrea R. on 2/08/02 at 07:03 (073002)

Ryan,

I had my surgery done by a foot and ankle orthopedic surgeon. He did a partial PF release, heel spur removal, and some thing to reduce pressure on the nerve. I was on crutches and non-weight bearing for about a week and a half. I had no cast and no complications such as excessive swelling or infection. Toe flexes were the first exercise I had and started the day after surgery. The recovery is a long process and has its ups and downs. In September/October I was in a walking cast for 6 weeks.

I am now 8 months post-op and only have occasional discomfort but not pain. I wear Birkenstock Bostons with the soft bed, Birkenstock sandals around the house and I wear Birkenstock two piece inserts in my Merrill slip ons. I had custom othotics that never worked.

How long have you had PF?

Andrea

Re: ADA PROTECTION?

ryah h on 2/08/02 at 17:36 (073083)

I called EEOC. They took a message and told me an investigator will call me back. Meanwhile the grievance I had filed with my union, was denied by the manager. I was told that they will give me a letter of apology from my company, but they will not even advise the person I had filed a grievance against for, that such a grievance existed....

Re: ADA PROTECTION?

ryah h on 2/09/02 at 15:26 (073163)

I filed a grievance through my union ,IAM for harassment...
The grievance was denied, because the union contract has no
article against harassment!!!
I was verbally told that my company will give me a letter of apology...
I was given guarantees that I will not be harassed or discriminated
in the future...
The manager, who harassed me, won't even be told that I had filed a
grievance, because ' we all have to live and work together '!!!!!!!!
So the complain is documented, but won't even show in her personnel
file!!!
I am waiting for EEOC to call me back, so I can get an appointment...

Re: ADA PROTECTION?

ryah h on 2/09/02 at 15:32 (073164)

In my book APOLOGY means admittance of guilt!!!!
I can't wait to see that letter......

Re: ADA PROTECTION?

Glennx on 2/06/02 at 18:49 (072843)

Ryah: There's a Three-Prong ADA Test

The ADA requires a claimant to prove that he or she has (1) a 'physical or mental impairment' that (2) adversely affects 'a major life activity' and (3) 'substantially limits' his or her ability to engage in a specific major life activity. Walking would certainly qualify, and if your condition is limiting a life activity, I believe you're protected.

The Civil Rights Act of '64, frequently amended, also prohibits discrimination against those with disabilities, though ADA is broader in scope.

A few very small employers are exempt.

The Equal Opportunity Employment Commission (EEOC) INTERPRETS and ENFORCES the Civil Rights (particularly Title VII), Equal Payment Act, Age Discrimination in Employment Act, and Americans With Disabilities Act. Try contacting a nearby EEOC office. They'll know better. You could also check their web site: eeoc.gov.

Re: ADA PROTECTION?

ryah h on 2/06/02 at 22:06 (072864)

Thank you for your help!I will check the EEOC web pages and will get in touch with them. Do you know ,if Civil Rights Act of 64 is anywhere in the net?ADA told me I have to be in a wheelchair,before they can help me!?

Re: ADA PROTECTION?

ryah h on 2/06/02 at 22:21 (072868)

I found the Civil Rights Act of 64!!! And I am now studying it!Thank you again!I am also trying to define the words ADVERSELY and SUBSTANTIALLY...For years I have walked for 30-45 minutes on my lunch breaks. Because of the pain for past 6 months I have not been able to do that.After using orthotics for about a month I was able to start walking again little by little. Then I had problems with my manager and was forced to wear regular dress shoes for over a week.The pain came right back!I had to stop walking again.Would this possibly count for the word SUBSTANTIALLY?

Re: ADA PROTECTION?

ryah h on 2/06/02 at 22:49 (072875)

I went through the Civil Rights Act of 64, but couldn't find anything about disability....

Re: ADA PROTECTION?

Glennx on 2/07/02 at 10:59 (072906)

Ryah: I am not an attorney but can share some rudimentary thinking with you. Almost certainly, not being able to exercise 'as usual' during your lunch period would NOT be a covered circumstance under any federal legislation I'm familiar with. The regs speak more to performing the essential functions of a job, occasionally with reasonable accomodation. Exercising at lunch is not part of your job.

The civil rights act of '64 banned discrimination against race, sex, national origin, religion, and perhaps a couple of other protected classes identified at the time. Subsequent legislation expands the definition of 'protected class' to include sexual harassment (a special form of sex discrimination), age, and people with disabilities. There are also federal or state laws prohibiting discrimination against work comp filers, union organizers, whistle blowers, etc. Sexual orientation is protected in some areas, as is spoken language . . . We're moving toward prohibiting discrimination against people because they're 'different.' But clearly there are social, economic, and political challenges yet to be argued.

You could perhaps get a written 'prescription' from your doctor for orthotic wear at all times. That would get the right support on your feet whenever.

You can learn much more on the net. I'd start with google. I searched 'federal pretections 'people with disabilities',' and got thousands of hits. http://www.bazelon.org/ada.html is focused on people with mental disabilities, but links to many other sites that might be more helpful. If you find a good one maybe you could share it here?

Re: ADA PROTECTION?

Andrea R. on 2/07/02 at 14:36 (072928)

Ryan,

Check to see if your state has a commission on human rights. There are state laws regarding harrassment. I know that in my state you it is illegal to harrass someone with a medical condition.

You need information on harrassment laws. There is more than just sexual harrassment.

When I returned to work after my PF surgery my boss wanted clarification of what my doctor meant by no prolonged standing or walking. My doctor ended up writing a note that gave explicit distances I could walk and cut me back to half days for two weeks and then 3/4 days. He also gave me static about being out of work so much. I now know that I could have brought him up on charges of harrassment. We had mandatory training at work regarding tolerance and harrassment in the workplace.

Good luck,

Andrea

Re: ADA PROTECTION?

ryah h on 2/07/02 at 22:16 (072975)

Glennx, thank you so much! I never knew all those links existed!I am now studying them. For 6months I was forced to work in a very busy department, where I was constantly on my feet, running around like a maniac, limping in pain all the time.I asked to be transferred to an other department, but
my supervisors and manager just laughed at me.....

Re: ADA PROTECTION?

ryah h on 2/07/02 at 22:20 (072976)

Thank you for your ideas, Andrea!I hope you are already doing better!Could you tell me about your surgery. I am so tired of being in constant pain.

Re: ADA PROTECTION?

Andrea R. on 2/08/02 at 07:03 (073002)

Ryan,

I had my surgery done by a foot and ankle orthopedic surgeon. He did a partial PF release, heel spur removal, and some thing to reduce pressure on the nerve. I was on crutches and non-weight bearing for about a week and a half. I had no cast and no complications such as excessive swelling or infection. Toe flexes were the first exercise I had and started the day after surgery. The recovery is a long process and has its ups and downs. In September/October I was in a walking cast for 6 weeks.

I am now 8 months post-op and only have occasional discomfort but not pain. I wear Birkenstock Bostons with the soft bed, Birkenstock sandals around the house and I wear Birkenstock two piece inserts in my Merrill slip ons. I had custom othotics that never worked.

How long have you had PF?

Andrea

Re: ADA PROTECTION?

ryah h on 2/08/02 at 17:36 (073083)

I called EEOC. They took a message and told me an investigator will call me back. Meanwhile the grievance I had filed with my union, was denied by the manager. I was told that they will give me a letter of apology from my company, but they will not even advise the person I had filed a grievance against for, that such a grievance existed....

Re: ADA PROTECTION?

ryah h on 2/09/02 at 15:26 (073163)

I filed a grievance through my union ,IAM for harassment...
The grievance was denied, because the union contract has no
article against harassment!!!
I was verbally told that my company will give me a letter of apology...
I was given guarantees that I will not be harassed or discriminated
in the future...
The manager, who harassed me, won't even be told that I had filed a
grievance, because ' we all have to live and work together '!!!!!!!!
So the complain is documented, but won't even show in her personnel
file!!!
I am waiting for EEOC to call me back, so I can get an appointment...

Re: ADA PROTECTION?

ryah h on 2/09/02 at 15:32 (073164)

In my book APOLOGY means admittance of guilt!!!!
I can't wait to see that letter......