My boss told me ithat if I couldn't wipe counters then I basically "disabled" myself out of a job

Question

I have Fibromyalgia and Chronic Myofascial Pain and wiping motions make my muscles hurt. I am a cashier. I think "someone" else can wipe...Am I wrong or am I being discriminated against???

Answer 1

Your boss is a jackass, my sister-in-law has the same condition. It can be very painful. Discrimination-YES!!

Answer 2

If wiping counters was not listed in the job description, then it is not an essential job function. You need to request an accomodation that your job functions be limited to X, Y and Z. You may be required to bring in an evaluation from an OT or other appropriate licensed professional to support your accomodation. Just saying "I can't do this" doesn't give you the right to an accomodation and could be grounds for insubordination.

E-mail the Disability Law Resource Project (http://www.dlrp.org/) with all the details and ask them what accomodation you're entitled to and what you'd need to do to get it. They're a neutral organization and would tell you exactly the same thing they'd tell your boss if s/he called to ask what the laws were. If you feel it would be helpful, you can call them with your boss. I usually prefer to e-mail them and then show the other party the whole e-mail (including my portion with the description of the situation and the actions I've taken, so make sure it's completely accurate). Good luck!

Answer 3

One of my best friends has fibromyalgia and they tried to put him to work in the kitchen at a local VA hospital as his own Dr. actually said he could work and earn a "competitive living wage". (I'd like to see that dr. try to live on minimum wage at 35 hours a week). They said he could push the food cart and deliver trays to patients. Long story short he made it three weeks in that. They then had the great idea he could load the dishwasher etc...one week. Then they just basically had him come in and hang out a couple weeks before finally he got fed up and got a new dr. and contacted a lawyer with his DX of fibromyalgia in hand and three days later his supervisor informed him his services were no longer needed as he was in fact disabled and gave him the papers to fill out concerning going on disability etc...

granted it was a very aggravating experience not only because his own Dr. that dx'd him said he was fine and that his condition wasn't that serious to stop him from working with his hands (which is tough and dangerous potentially when you're an electrician with that malady) but because of having to prove with the help of an attorney he was truly diasbled and not playing a game. As he put it why would he willfully take a pay cut from over $60k/year to around $23k? Just doesn't make sense. I think you are being discriminated against, and many people with your condition are as well. Too many people think if they can't see the disability it doesn't exist which is pathetic. Please do go and get the help and rights you deserve even if it does mean taking legal action. Way too many attorneys love to take a bite out of any business big or small, and those that are discriminating deserve it!

Answer 4

First off are you legally disabled or under a doctors care with written proof for your employer! If not then No! But his comment was wrongly put but was it meant wrong or just a statement?
As having been an employer over the last 9 years I had many ppl come to work stating I cant do this I cant do that!Well why did you apply there and yes counter cleaning is part of the job! Dang I saw sue him so much I wonder if that is not the motive to this all! PPL if you cant do the job then leave and get one you can do with out trying to use some reason to validate your troubles!
AND yes I am disabled too so I do understand what is going on!
My god we have enough troubles with the general public and all the laws that are not helping us please dont see a quick fix and use the system just because "I think I am being discriminated against"!
I asked every possible employee if they understood the job details and if they may have any questions about them before we go any further!Several stated no I understand and want to work for you so I got suckered into hiring them just to find out 2 months into the job they know have physical or emotional problems and they will need to be accomadated for!Why should I be made to make a job for them and loose money paying for the extra person to help them do their job they applied for!
I am only talking about having to change my system just for them! I am not saying we cant work things better for a person to ease their work only that if they cant do a simple part of the job duties then why should I be forced to change for them!

Answer 5

Whether this s discrimination is unclear. You need to contact the Department of Vocational Rehabilitation in your state and/or local disability advocacy agencies and get them to help you deal with your boss.

You also need to make sure you have documentation of the medical condition, including a letter from your doctor indicating the functional limitations.

An employer cannot discharge you for simply having a disability, if you are still able (with reasonable accomodations) to perform "essential job functions." Ultimately, the decision will come down to whether wiping the counters is an "essential job function." If it is, basically, you're out of luck. The good news is, especially if you follow the steps above, if you do lose your job, you'll already have the contacts to establish yourself on Social Security disability and/or qualify for job training in something you can do.

Good luck!

Answer 6

I looked up the discrimination aspect under the ada myself. This is what I found:
Title I requires employers with 15 or more employees to
provide qualified individuals with disabilities an equal opportunity to
benefit from the full range of employment-related opportunities
available to others. For example, it prohibits discrimination in
recruitment, hiring, promotions, training, pay, social activities, and
other privileges of employment. It restricts questions that can be
asked about an applicant’s disability before a job offer is made, and
it requires that employers make reasonable accommodation to the
known physical or mental limitations of otherwise qualified individuals
with disabilities, unless it results in undue hardship. Religious entities
with 15 or more employees are covered under title I.

I also found this, I don't know if you needing somebody else to wipe the counter for you could be considered reasonable accomodation but here is what I found on reasonable accomodation:
A reasonable accommodation is any change or adjustment to a job, the work environment, or the way things usually are done that would allow you to apply for a job, perform job functions, or enjoy equal access to benefits available to other individuals in the workplace. There are many types of things that may help people with disabilities work successfully. Some of the most common types of accommodations include:


physical changes, such as installing a ramp or modifying a workspace or restroom;


sign language interpreters for people who are deaf or readers for people who are blind;


providing a quieter workspace or making other changes to reduce noisy distractions for someone with a mental disability;


training and other written materials in an accessible format, such as in Braille, on audio tape, or on computer disk;


TTYs for use with telephones by people who are deaf, and hardware and software that make computers accessible to people with vision impairments or who have difficulty using their hands; and


time off for someone who needs treatment for a disability.

If you want to look up the information and if you think that you are being discriminated against go to www.ada.gov and look it up. If you let him know about your medical condition and what accomodations that you would need when at the time that you were interviewed then maybe it is also a maybe if you developed this condtion after you got the job and kept in informed. If you are confused about the information that I have provided you there is an 800 number that you can call on the website that I gave you and you can ask questions concerning your particular situation. I hope that you can get the help that you need. Good luck.

Answer 7

Is there a manager for your manager? Often front line "supervisors" are clueless and will make decisions that top management does not agree with and arent even aware of. If possible contact the person above this manager or supervisor and ask if this is the "company line on the disabled".

If you have a written job description does it include wiping counters as part of your job? Was it part of the job when you were hired? Is it something you have done up until now? These are all important things.

Did your employer establish clear expectations when you were hired? Did he/she specify that this would be part of your job? Apparently the US has better legislation than Canada does regarding firing the disabled - good luck !

You might find this interesting

Canada HONDA EMPLOYEE WITH CHRONIC FATIGUE SYNDROME AWARDED DAMAGES FOR DISMISSAL: Justice John McIsaac of the Ontario Superior Court, in a judgment rendered on March 17 th, ordered Honda Canada Inc. to pay a fired employee 2 years salary and $500,000 in punitive damages. The employee, who suffered from chronic fatigue syndrome, was fired in March, 2000, after working for the company for 14 years. The employee's lawyer is quoted as saying that the amount in punitive damages is the greatest ever awarded in an employment law case in Canada. The company has said it will appeal the decision.

United States State Statutes

Almost every state has a statute making it illegal to discriminate against a person in employment and public accommodations on the basis of the person's disability, race, religion, sex, age, or other minority status. Typically, these statutes, sometimes called Human Rights Acts or Civil Rights Acts, protect individuals against unfair practices in hiring, discharge, examinations, training, conditions, and privileges of employment. Most of these state laws are enforced by local and state commissions. The common purpose of these Statutes is to ensure that people with disabilities are given the same opportunities as are people who are not disabled...............

...........Employers must provide "reasonable accommodations" to disabled workers, including: making existing facilities accessible, providing special equipment and training, arranging part-time or modified work schedules, and providing interpreters for deaf persons............

Answer 8

Yes, he is. As a disabled rights activist, I know for a fact that this commit he made is highly illegal. Your supervisor is a dipsh*t and you should sue his stupid *ss. By him making the commit that you "Disabled" yourself out of a job is nothing more than a from a harassment. As long as your disability is NOT a safety issue, what safety issue is there concerning wipe down counters, he CANNOT fire you. Do yourself a favor and contact your doctor, a lawyer, and the U.S. Labor Board immediately because you have a wrongful firing charge against him here. Then when you do win, you will, and he is forced to hire you back tell him to "Go straight to hell" because this *sshole will look for the smallest reason to fire you a second time.

Good luck.

Answer 9

It is discrimination but sadly it's considered an okay thing. Employers are sticklers about workers having the ability to do their job and if it's already a manual labor job like cashier than it's expected that cleaning would be part of your job. I don't know what state you are in but in VA, especially in the Southwestern part, if you can't do extensive manual labor you just don't work.

Answer 10

It may be discrimination, IF you were very clear about your condition at the time he hired you. But if he told you what the duties would be, and you knew you would be unable to do them, then you haven't really got a case. Anyway, why would you want to fight for a low-paying job with an unsympathetic boss? I am sure you can do better, and the stress and aggravation of trying to prevail will not help your condition any.

Answer 11

Did he tell you he would make accomdations for you when he hired you? Was he fully aware to the extent that he would have to make accomodation?

If you are not already "disabled" then you wont be able to say that he is discriminating against you because of your disability - because technically you arent disabled.

My sister ran into this same problem with a psychiatric condition (OCD)