My Crohn's and Colitis Blog » Chronic Asthma Treatment » Workplace harassment
Workplace harassment
Question:
what a raw deal you were dealt. Hey, press charges on the woman who physically attacked you. Don’t know how the unemployment will turn out, due to the fact that you quit. Call around to employment attorneys and see what they suggest. You’d be suprised, you may get a very sympathetic secretary that will lead you in the right direction to some agency that can help free of charge. GOOD LUCK. I’ll say a prayer for you. GINNY
Response:
- Hide quoted text — Show quoted text – I just quit my job today. I have moderate chronic asthma, dx last November. I had a good part-time job as a data entry operator, doing work that I enjoyed and was very good at. However, due to harassment, threats and physical intimidation by co-workers about my coughing and asthma attacks, I no longer felt safe in that workplace. Despite three complaints to my immediate supervisor, and a supposed zero-tolerance policy regarding harassment of any kind, I was told repeatedly by him to leave the room during my asthma attacks so as not to ‘disgust’ my co-workers and to ‘try to get along better’. Six months of harassment culminated in a physical attack on me yesterday by a female co-worker. I am so saddened and disgusted at the lack of compassion on the part of certain co-workers and the management of the large corporation I was working for. Luckily for them, I have neither the energy or financial resources to sue them. I have, however, filed for unemployment, which I may or may not be able to receive. What is this world coming to?
Too bad you didn’t find this group sooner, we might have been able to give you some tips on saving your job. Once you quit voluntarily, you give up a lot of rights. I don’t think you would be elible for unemployment if you resigned voluntarily, but try anyway. If you can show you were coerced to resign you might have a case, only a lawyer could tell you that. There is also the question what kind of reference you will get in seeking your next job. And you will be asked why you resigned. So here are some tips for your next job. 1. Coughing spells–this tends to indicate undertreated asthma, perhaps you needed to take more of your long-acting preventor meds, which are usually the steroid inhaler. Use of a peak flow meter is useful in determining whether your asthma is controlled, or whether you need to increase the meds, per your Action Plan. There could also have been something in the work environment, poor indoor air quality, which was triggering the asthma, if it only happened at work. It could also be undertreated Sinusitis, with coughing caused by post nasal drip. I do leave the room if convenient during asthma attacks or protracted coughing spells; I know this can be very annoying to those around me. 2. ADA–Asthmatics may be protected from discrimination under ADA (Americans with Disabilities Act), but only if you declare your disability ahead of time and ask for an accommodation, like a private office or better quality air. Here are some links for ADA: http://janweb.icdi.wvu.edu/kinder/ Americans with Disabilities Act Document Center http://janweb.icdi.wvu.edu/kinder/jan.htm The Job Accommodation Network http://janweb.icdi.wvu.edu/ http://janweb.icdi.wvu.edu/english/contact.htm "Accommodation Information United States 1-800-526-7234 Canada 1-800-526-2262 ADA Information 1-800-ADA-WORK (in the U.S.) (1-800-232-9675) Calls are answered from 8 a.m. to 8 p.m. Eastern Time Monday through Thursday, and on Fridays from 8-5. Machines answer after-hours calls. By FAX FAX: (304) 293-5407 By Electronic Mail If you have a workplace accommodation question or questions about the Americans with Disabilities Act (ADA), send your question by e-mail to By Bulletin Board System Computer Bulletin Board (in the U.S.) 1-800-DIAL-JAN By Postal Service Job Accommodation Network West Virginia University P.O. Box 6080 Morgantown, West Virginia 26506-6080 http://www.public.iastate.edu/~sbilling/ada.html ADA & Disability Info http://www.usdoj.gov/crt/ada/ Americans With Disabilities Act Information on the Web (Dept. of Justice) http://www.usdoj.gov/crt/ada/ada.html ADA QUESTIONS AND ANSWERS Excerpt: "Q. When is an employer required to make a reasonable accommodation? A. An employer is only required to accommodate a "known" disability of a qualified applicant or employee. The requirement generally will be triggered by a request from an individual with a disability, who frequently will be able to suggest an appropriate accommodation. Accommodations must be made on an individual basis, because the nature and extent of a disabling condition and the requirements of a job will vary in each case. If the individual does not request an accommodation, the employer is not obligated to provide one except where an individual’s known disability impairs his/her ability to know of, or effectively communicate a need for, an accommodation that is obvious to the employer. If a person with a disability requests, but cannot suggest, an appropriate accommodation, the employer and the individual should work together to identify one. There are also many public and private resources that can provide assistance without cost. Q. What are the limitations on the obligation to make a reasonable accommodation? A. The individual with a disability requiring the accommodation must be otherwise qualified, and the disability must be known to the employer. In addition, an employer is not required to make an accommodation if it would impose an "undue hardship" on the operation of the employer’s business. "Undue hardship" is defined as an "action requiring significant difficulty or expense" when considered in light of a number of factors. These factors include the nature and cost of the accommodation in relation to the size, resources, nature, and structure of the employer’s operation. Undue hardship is determined on a case-by-case basis. Where the facility making the accommodation is part of a larger entity, the structure and overall resources of the larger organization would be considered, as well as the financial and administrative relationship of the facility to the larger organization. In general, a larger employer with greater resources would be expected to make accommodations requiring greater effort or expense than would be required of a smaller employer with fewer resources. If a particular accommodation would be an undue hardship, the employer must try to identify another accommodation that will not pose such a hardship. Also, if the cost of an accommodation would impose an undue hardship on the employer, the individual with a disability should be given the option of paying that portion of the cost which would constitute an undue hardship or providing the accommodation." Ellis
Response:
I just quit my job today. I have moderate chronic asthma, dx last November. I had a good part-time job as a data entry operator, doing work that I enjoyed and was very good at. However, due to harassment, threats and physical intimidation by co-workers about my coughing and asthma attacks, I no longer felt safe in that workplace. Despite three complaints to my immediate supervisor, and a supposed zero-tolerance policy regarding harassment of any kind, I was told repeatedly by him to leave the room during my asthma attacks so as not to ‘disgust’ my co-workers and to ‘try to get along better’. Six months of harassment culminated in a physical attack on me yesterday by a female co-worker. I am so saddened and disgusted at the lack of compassion on the part of certain co-workers and the management of the large corporation I was working for. Luckily for them, I have neither the energy or financial resources to sue them. I have, however, filed for unemployment, which I may or may not be able to receive. What is this world coming to?
Response:
I have neither the energy or financial resources to sue them.
You should certainly speak to a case worker at the EEOC. Chronic illness is covered under the American with Disabilities Act. The law is specific and detailed, but the folks at the EEOC should be able to help you determine whether or not you should file a complaint. You can find them in the larger cities, usually under the U.S. Dept. of Labor. Steve White, M.D. U. of Chicago Reply to: stevewhite at ce dot mediaone dot net
Response:
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