6 replies to this topic

[sleepyintexas]

I have recently been diagnosed with N. I knew almost immediately that something was wrong, I just didn't know what.
I am an office manager for a small business(less than 10 employees). I have been here for over 4 years and have been a good employee for the first 3 1/2 years(as stated by my employer). I tried to tell my employer that something was wrong,that i was making mistakes. I was up front and told him immediately about my N. He stated that i probably got a wrong diagnosis,that he doesn't know why i wasn't sent to a psychologist for depression because that is what my problem is.(my bosses father is a retired doctor)I have provided him with all of the documentation from my sleep doctor, he still doesn't believe it! He refers to my condition as a little sleeping illness, that he thinks is able to be caught from one person to the next. he refers to my Xyrem as my "dope". I am very frustrated with this treatment and really don't know what to do. My sleep doctor suggested contacting an attorney to see if any of my rights have been violated,which i called and was told that i didn't fall under the American's with disabilities act since he had less than 10 employees. That i could quit or let him fire me, but he was doing nothing legally wrong. Any advice on dealing with this situation would be greatly appreciated. I can't quit my job because i am the only one in my family that is working right now, my husband used to work here but was fired right before all of this started!
Thank you

[sometimes]

I wonder if ignorance in the workplace could be considered harassment. Certainly when your coworker calls your Xyrem "dope" they have created a hostile work environment for you.

[Geohff]

What type of business is it? Do you do business with the Government?

The figure is 15 employees for standard ADA, however title 503 and 504 of the ADA address any size company that either does business with the government (503) or receives and financial assistance, is affiliated with the Postal Service (504). There are more titles in the ADA code, I suggest you read the ADA standards and see if your business falls into any of them.

Baring that you have the option of bringing an individual suit against your boss. Document carefully all harassment or discrimination. If you do get fired or quit you go after him / her as an individual.

It sounds like this boss is a real piece of work, I doubt you can look forward to it ever getting better. I would plan on it coming to a bad end and protecting yourself starting ASAP!

[drago]

I have recently been diagnosed with N. I knew almost immediately that something was wrong, I just didn't know what.
I am an office manager for a small business(less than 10 employees). I have been here for over 4 years and have been a good employee for the first 3 1/2 years(as stated by my employer). I tried to tell my employer that something was wrong,that i was making mistakes. I was up front and told him immediately about my N. He stated that i probably got a wrong diagnosis,that he doesn't know why i wasn't sent to a psychologist for depression because that is what my problem is.(my bosses father is a retired doctor)I have provided him with all of the documentation from my sleep doctor, he still doesn't believe it! He refers to my condition as a little sleeping illness, that he thinks is able to be caught from one person to the next. he refers to my Xyrem as my "dope". I am very frustrated with this treatment and really don't know what to do. My sleep doctor suggested contacting an attorney to see if any of my rights have been violated,which i called and was told that i didn't fall under the American's with disabilities act since he had less than 10 employees. That i could quit or let him fire me, but he was doing nothing legally wrong. Any advice on dealing with this situation would be greatly appreciated. I can't quit my job because i am the only one in my family that is working right now, my husband used to work here but was fired right before all of this started!
Thank you

I am not sure why someone would tell you that there needs to be 10 or more employees for the ADA to kick in, since the ADA is a civil rights law, it is active all the time. What accommodations have you been denied? If a business would be put under financial duress, it can refuse accommodations in some cases.

If your boss refuses to accept your diagnosis, I would do this:

(1) make sure you are in "professional" mode. Set up a meeting and make sure he understands that this is about business. (Some bosses need to know there is a difference between the "friend" time while you are at work, if it exists at all, and "business time" at work.)

(2) Tell him that this is a documented diagnosis, that you are taking steps for treatment. He does not need to agree with your doctor for your doctor to be correct, and no matter how much medical knowledge he thinks he has, YOU are the patient and YOUR doctor is working with you. You have provided all the documentation for work that is legally required to ensure basic accommodations can be made. (Whatever those are, like naps or something.)

(3) Assure him that your illness is not contagious, nor is it "little." It is also not a joke; making fun of it or attempting to diminish you because of it is completely unacceptable behavior. Narcolepsy is a life-long disorder (not a disease, but a disorder) that is also a disability for most people. If he refuses to accept this, the least he can do is keep his opinion to himself.

(4) Finally, if he still seems unresponsive/in poor disposition to the situation, assert the fact that this is YOUR disorder and you have the right to deal with it safely, effectively, and privately. Assure him that if his behavior continues, it can be seen as harassment and/or verbal abuse, and if your personal rights are not respected in the workplace, legal action would have to be taken. (I would hold off on the 'legal action' part until the end, and use if only if I need it.)

I would say that his treatment is abusive and neglectful. I'm not sure what kind of work you are in, but simple accommodations at work that keep you healthy and alert can save your life if you work with machinery or other similar things.

Finally, I would say that even if there is a loophole for poor treatment in the ADA for small businesses, bad publicity is always bad for business. It's not right for an employer to attempt to diagnose ANY of his employees, and it's also not right for him to ignore your request for accommodations. Consider a pregnant woman who has some complications that require some accommodations from her boss. Is it fair that, because fewer than 10 employees work there, she is treated poorly and put under even MORE duress because her boss can "get away with it"? No. I would say that if there is tension on the legal end -- that the boss is 'not doing anything wrong legally' -- the idea of media getting involved, on top of a trial, can still be enough to hurt business.

But I would talk to him about it first, definitely, and lay down some firm groundwork...

drago

[Irishhh]

I also suggest that if you have email, you should email and explanation to your boss. If you do, don't make anything of it (like that you feel you are being mistreated as they may pick up on what you're doing), and wait for a response. Print the email! It would be good to have visible documentation.

Now, Narcolepsy is a disability, and I'm not sure about all those other laws... but you have been discriminated against. I worked in HR for a year and learned a few things. Strange that before I left there, I overheard conversations from our "legal" lady with other bosses at other sites (it was a large non profit) about options concerning an employee who had been falling asleep on the job. He was actually on Nuvigil and I heard her conversations with the employees boss and the "higherups" on a daily basis. Finding a way to fire him or reprimand the employee that wouldn't result in a lawsuit.

Anyway, my point is that you've been discriminated. You are taking a medication for an illness and you should not be harassed. Telling you that you're on dope is harassment. Making jokes of your illness is harassment. I don't care if you only have three people in your entire business, you can't harass people. It is a legal issue. And denying you of accommodations isn't legal.

You do have a case. But do your best to get what you can in physical documentation. Even if you have to go to your doctor and have their office write a statement that says what your accommodations are. You doctor could prescribe daily naps to help you get through your shift. Have it drawn up so that your employer signs it saying they've been informed about it.

I know this is stressful which makes your illness even worse! and your boss may have a retired medical doctor for a father, but that man isn't your boss and his training is probably outdated anyway. your boss isn't a doctor! He doesn't know what he's talking about, obviously.

[sleepyintexas]

What type of business is it? Do you do business with the Government?

The figure is 15 employees for standard ADA, however title 503 and 504 of the ADA address any size company that either does business with the government (503) or receives and financial assistance, is affiliated with the Postal Service (504). There are more titles in the ADA code, I suggest you read the ADA standards and see if your business falls into any of them.

Baring that you have the option of bringing an individual suit against your boss. Document carefully all harassment or discrimination. If you do get fired or quit you go after him / her as an individual.

It sounds like this boss is a real piece of work, I doubt you can look forward to it ever getting better. I would plan on it coming to a bad end and protecting yourself starting ASAP!

I work for a small automotive mechanic shop, servicing foreign cars mainly.
I am taking steps to exit my present place of employment!

[sleepyinpdx]

I work for a small automotive mechanic shop, servicing foreign cars mainly.
I am taking steps to exit my present place of employment!

I found this website which might or might not be of any help to you, but it certainly sounds like you have been discriminated against by your employer.

http://www.texasworkforce.org/twcinfo/eoinfo.html

Good luck!