We Kid You Not Childfree Forums

I posted a little bit about this in the PAM thread.

My boyfriend thinks I should contact the EEOC to see what my rights are in this situation. I feel I am being harrassed, just because I have health problems and need to take time off for doctor appointments, lab tests, etc. I do everything I can to make appointments on weekends, but for the most part, the doctors are not available then.

I even listened to the suggestions my two supervisors had last summer when they started hounding me, and I set up my appointments within the parameters we agreed on then. They are still harrassing me, though, whenever I go to a doctor appointment.

After my last appointment, they asked me if I had a note. WTF? I was not gone the whole day! Just a couple of hours! I ended up calling HR and asking what our policy is. (Conveniently,) we do not have a written policy, but the girl I spoke to--and she said I could use her name--told me we are NOT REQUIRED to get a note unless we are out more than three days, at which point FMLA paperwork has to be filled in. My PERSONAL policy is to get a doctor not if I am out for one day, AND I GO TO THE DOCTOR. If I do not go to the doctor, I inform my supervisors of that fact. (You don't always NEED to see a doctor. Sometimes, you just need rest, or to be near a bathroom, or whatever.)

Anyway, I was wondering if anyone has ever had to talk to or make a claim with the EEOC or knows if it would do any good? Going to my HR department would not be a fruitful move, as the head of HR is very hostile toward employees. It's not just me. I've heard stories from coworkers.

Thanks in advance.
Jen M.

I don't know enough about you to give a precise answer, but on the EEOC website they say what types of discrimination they cover: (for example, discrimination based on a person's race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information).

Do you have a disability? If so you might have a claim. But if you just have health problems I think you're out of luck with them. I think a question that's legal for employers to ask in an interview is if you have any conditions which may prevent you from doing the job, so I don't think it's against the rules to pass over disabled candidates when they can't perform the requirements of the job.

No, it's not a disability, and it's my CURRENT employer giving me shit. I'm just chronically ill and have had multiple health problems.

It still may be worth it to read over the EEOC's web site, do some searches and see what they have to say.

I'm not really even looking to build "a case." I just want to know what my rights are as an employee.

Thanks for your input!

Jen

EEOC is one of those departments that is HIGHLY political. My DH tried to file two claims, at least one of which was a frikkin' slam dunk -- but that was during the Bush administrations, when employers can do no wrong, and employees are problems, and he was denied after the initial hearing in both cases.

We are now living under the Democrats, but that doesn't mean the message has filtered down to EEOC. All you can do is try.

But you DO need to have an issue that is specific to EEOC. And it looks like a chronic illness is not one of them -- UNLESS you can get your chronic illness labeled a disability, and then you have quite a number of rights (under EEOC, under ADA, etc).

Thanks, PG. Your info is good to have. That is the attitude of my workplace, in fact, which is why I cannot and will not go to HR. Been there, done that, they have proven they are not on the side of the (low-level) employee.

I did some reading on their web site last night, and you are correct, but I emailed them anyway, laying out my actual situation, to see if there is any recourse for someone who is chronically ill but not "technically" disabled. Harassment is harassment.

I'm also going to check with my state's labor relations entity, based on a recommendation from another board I participate on.

Thanks!
Jen

Any chance you're in a union? -- because union rules would likely cover something like this. Then you could go to your union rep.

Sadly, no. If I was, I would have gone to them last year when the harassment started!

Ironically, my company is employee-owned. Sad but true!

Jen M.

I have filed EEOC claims twice in the past. I can also tell you that there is not just EEOC (which is federal), but your state should also have an equivalent agency that probably has some name like "human rights commission" or something. Either one of them can answer your questions. Usually you go in and fill out a questionnaire and they decide if there is enough evidence to take your case.

Like CFS said, there should be something on both the federal level (EEOC) and on the state level. It could be called the labor relations board. One thing I strongly recommend is contacting HR immediately with your concerns.

Make sure to send an email with your work address to the following:

1. Your immediate supervisor. This shows you are trying to work it out.
2. The Human Resource department. This shows you are working through the system.
3. Yourself at a non-work address. The reason for this is if they try to fire you, you still have a paper trail. Make sure to forward any responses to that address. Also, make sure to cc: it and not do a bcc. If they see it's a cc: they'll know you are documenting things. Seriously, documentation is one of those things that can't hurt you.

It never hurts to mention that you are considering consulting an attorney. You haven't actually threatened anyone nor have you committed yourself to a course of action but HR especially will get very nervous at the idea of lawyers.

It sucks that this is happening to you and I hope it gets resolved peacefully.