Harassment? Disability discrimination? Stupidity?

[Heinrich]

As you can tell from the title of my post, I am having some issues with my SUP.

This guy has been giving me trouble for a few years now.

our center only does things by seniority when it works in their favor. Additionally, our Union representation is weak, and it is rare that filing grievances will work in your favor. In fact, they usually result in retaliatory behavior. With our current SUP's, if you so much as cough the wrong way it results in retaliatory behavior.

I am often singled out, and bullied by one of them. He yells obscenely at me, takes photos, and videos of me, and of course, writes me up for things like 'sabotage.'
The other SUPS obviously go along with it. Co workers ignore it as they are mostly anti social and non-confrontational. Our center is loose on SUPS working, and we are mostly uninformed on what is and what is not acceptable. I regularly see SUPS scanning, lifting, moving, stuff. Our center manager, and FT SUP have never once been present during our sort. So it is just us, and the PT SUPS.
This is neither here nor there, just to give you an idea about how our center is run.

So, I keep my head down, and that will work for a few months here, a few months there.
As soon as anyone riles this guy up, he targets me. He breaks in the new guys (he calls them fresh meat), and when he gets bored, back to me. I am an average worker, but I am always one of the few who are there when the dust settles and it is the night before thanksgiving, and we are literally pushing boxes down the belt because it has broken down.

Anyway,

I have been on disability maybe two times in the past year, because i have a chronic illness (protected by the americans with disabilities act), and have sort of had ongoing health issues that are becoming more relevant.

So, it became an issue in the workplace, and I felt that i needed to "disclose" this information to my SUPS.

I was treated so poorly, even during this 'disclosure.' No empathy, no sympathy, whatev. Then told a story of how he knew a guy with the same issues, and they found him dead in his car. This shows you that he understands the seriousness.

A month passes. I find myself having to continuously remind them that I am disabled. Often the response is, "no you're not,' or simply 'no.'

A few more months. Same.

Now, after switching medications, I do have some actual limitations. This does not prevent me from lifting 75 lb boxes. It does however mean that it would be easier on me, if I wasn't being bullied and overworked. I am not the new guy. I am somewhere in the middle of the ladder.

SO...
I have rights that are established by the americans with disabilities act, one of them being that if i require special accommodations, I can request them, and they MUST be given to me as long as it does not cause 'undue hardship' it does not need to be written (although it could be), it can be verbal. I thought verbal would go over easier.

Naturally, when i mentioned this, I was yelled at. I am not talking about FMLA or TAW, this is a different type of accommodation.

So periodically, when I am being taunted, I say something like, you know i have a disability right? they respond with no, or just walking away, and writing me up for something bogus. Tonight specifically I was told "you are not a lawyer." Ha.

I can report them to the EEOC, and they will send someone to evaluate the situation, see if my needs are valid (they are), and determine if discrimination is taking place.

The blatant neglect for needs with this disability could result in me having to go on leave, or a situation could even arise where I am in a coma because of it.

As mentioned earlier, any filing of anything get these guys all aggressively offensive.

So I am sort of caught in between a rock and a hard place.

I just lie in wait.

Thoughts?

Yeah yeah, follow the methods, quit, blah blah blah. I need the health insurance peeps.

 

[Over 70]

Stand up for yourself and quit being such a pushover. File, file, file. Go to the next level, call osha about a hostile work environment, etc.

You're in a union, you have a legitimate disability, you know the law, why are you still letting them steamroll you.

Your situation is your fault and I hope my harsh response motivates you to do something about it.

 

[Indecisi0n]

Man up.

 

[Box Ox]

As mentioned earlier, any filing of anything get these guys all aggressively offensive.

So I am sort of caught in between a rock and a hard place.

Two options:

1) Do nothing and see if the job literally kills you.

2) Go ahead and have your rights under the ADA enforced. I don’t think management will want to with you anymore if they realize the holy hell that clearly violating your ADA rights could bring down on them.

I think you’ve got nothing to lose by going with #2 if your only alternative would be option #1.

 

[Daf]

You need to contact your business agent. You should work out a plan on how to handle this. It should not continue the way it is.

 

[BigUnionGuy]

I have been on disability maybe two times in the past year, because i have a chronic illness (protected by the americans with disabilities act), and have sort of had ongoing health issues that are becoming more relevant.

Let me stop you there.

Have you applied for.... and received an ADA Accommodation ?

I can report them to the EEOC

Are you over 40 years of age ?



-Bug-

 

[dookie stain]

What's your disability

 

[burrheadd]

What's your disability

 

[Jkloc420]

@RonBurgandy?????????? beat me up and now i cant work and im struggling to go to the bathroom......help me

 

[Jkloc420]

@Future

 

[Brownslave688]

As you can tell from the title of my post, I am having some issues with my SUP.

This guy has been giving me trouble for a few years now.

our center only does things by seniority when it works in their favor. Additionally, our Union representation is weak, and it is rare that filing grievances will work in your favor. In fact, they usually result in retaliatory behavior. With our current SUP's, if you so much as cough the wrong way it results in retaliatory behavior.

I am often singled out, and bullied by one of them. He yells obscenely at me, takes photos, and videos of me, and of course, writes me up for things like 'sabotage.'
The other SUPS obviously go along with it. Co workers ignore it as they are mostly anti social and non-confrontational. Our center is loose on SUPS working, and we are mostly uninformed on what is and what is not acceptable. I regularly see SUPS scanning, lifting, moving, stuff. Our center manager, and FT SUP have never once been present during our sort. So it is just us, and the PT SUPS.
This is neither here nor there, just to give you an idea about how our center is run.

So, I keep my head down, and that will work for a few months here, a few months there.
As soon as anyone riles this guy up, he targets me. He breaks in the new guys (he calls them fresh meat), and when he gets bored, back to me. I am an average worker, but I am always one of the few who are there when the dust settles and it is the night before thanksgiving, and we are literally pushing boxes down the belt because it has broken down.

Anyway,

I have been on disability maybe two times in the past year, because i have a chronic illness (protected by the americans with disabilities act), and have sort of had ongoing health issues that are becoming more relevant.

So, it became an issue in the workplace, and I felt that i needed to "disclose" this information to my SUPS.

I was treated so poorly, even during this 'disclosure.' No empathy, no sympathy, whatev. Then told a story of how he knew a guy with the same issues, and they found him dead in his car. This shows you that he understands the seriousness.

A month passes. I find myself having to continuously remind them that I am disabled. Often the response is, "no you're not,' or simply 'no.'

A few more months. Same.

Now, after switching medications, I do have some actual limitations. This does not prevent me from lifting 75 lb boxes. It does however mean that it would be easier on me, if I wasn't being bullied and overworked. I am not the new guy. I am somewhere in the middle of the ladder.

SO...
I have rights that are established by the americans with disabilities act, one of them being that if i require special accommodations, I can request them, and they MUST be given to me as long as it does not cause 'undue hardship' it does not need to be written (although it could be), it can be verbal. I thought verbal would go over easier.

Naturally, when i mentioned this, I was yelled at. I am not talking about FMLA or TAW, this is a different type of accommodation.

So periodically, when I am being taunted, I say something like, you know i have a disability right? they respond with no, or just walking away, and writing me up for something bogus. Tonight specifically I was told "you are not a lawyer." Ha.

I can report them to the EEOC, and they will send someone to evaluate the situation, see if my needs are valid (they are), and determine if discrimination is taking place.

The blatant neglect for needs with this disability could result in me having to go on leave, or a situation could even arise where I am in a coma because of it.

As mentioned earlier, any filing of anything get these guys all aggressively offensive.

So I am sort of caught in between a rock and a hard place.

I just lie in wait.

Thoughts?

Yeah yeah, follow the methods, quit, blah blah blah. I need the health insurance peeps.

File on everything you can think of. Bury him in paperwork.

 

[Wally]

What's your disability

Being a wimp?

 

[Heinrich]

Let me stop you there.

Have you applied for.... and received an ADA Accommodation ?





Are you over 40 years of age ?



-Bug-

You do not need to file for ADA accommodations. There are a few legitimate ways to get them. 1. verbal request for accommodations. 2. written request for accommodations. As long as the request is legitimate, and does not require 'undue hardship' they must be given. This can include creating a new job position. I am not over 40. I made a formal verbal request in June, and have had a few 'talk to's' since to no avail.

 

[Box Ox]

You do not need to file for ADA accommodations. There are a few legitimate ways to get them. 1. verbal request for accommodations. 2. written request for accommodations. As long as the request is legitimate, and does not require 'undue hardship' they must be given. This can include creating a new job position. I am not over 40. I made a formal verbal request in June, and have had a few 'talk to's' since to no avail.

Time to call in the Cavalry!

 

[barnyard]

Unless you have a Doctor's not specifying your exact limitations you are not covered by the ADA. That may be your issue.

 

[Heinrich]

This is not true.

 

[Heinrich]

So the consensus is file on everything, and stop being a wimp.

To me it seems that filing over smaller things never accomplishes anything but in fact creates more bad behavior.

I plan on talking to my center manager, at some point.

This is sort of a delicate matter that is a little bit outside of their realm. They do not seem to understand the validity. I have been reluctant to move forward because of this. Making them understand has not worked thus far.

I have been waiting for a larger event to take action against them, as light teasing/harassment will ultimately not benefit me.

 

[boxy.tetris]

File on everything you can think of. Bury him in paperwork.

Maybe he thinks you're cute.

 

[Heinrich]

This is from the ADA website.
Do requests for reasonable accommodation need to be in writing?

No. Requests for reasonable accommodation do not need to be in writing. Individuals may request accommodations in conversation or may use any other mode of communication.(22)An employer may choose to write a memorandum or letter confirming the individual's request. Alternatively, an employer may ask the individual to fill out a form or submit the request in written form, but the employer cannot ignore the initial request. An employer also may request reasonable documentation that the individual has an ADA disability and needs a reasonable accommodation.

 

[Faceplanted]

So the consensus is file on everything, and stop being a wimp.

To me it seems that filing over smaller things never accomplishes anything but in fact creates more bad behavior.

I plan on talking to my center manager, at some point.

This is sort of a delicate matter that is a little bit outside of their realm. They do not seem to understand the validity. I have been reluctant to move forward because of this. Making them understand has not worked thus far.

I have been waiting for a larger event to take action against them, as light teasing/harassment will ultimately not benefit me.

Your soft

File for harassment/retaliation every time it happens. Your an easy target to bully because you won't Fight back

You don't seem to understand how valuable a paper trail is in your situation. If push comes to shove and eeoc, attorney or whatever get involved it's nice to have a long trail.

As of right now, your center manager and the labor dept can claim they never even knew this harassment was going on. The second you file, that claim cannot be used. FILE!!!!!!