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wallstreetfighter
wallstreetfighter, Employment Lawyer
Category: Employment Law
Satisfied Customers: 15673
Experience:  14 years exp, General counsel for National Corp. firms, Hostos College instructor, Represented employees in discrimination lawsuits
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My blind husband works for a large multi-national retail company

Resolved Question:

My blind husband works for a large multi-national retail company and has for almost 13 years. It seems that recently the company has been letting go of some of the long term, higher paid employees. His department earns approximately 15% of the total income of the store, but he is the only employee at his level in his area as opposed to 10 employees in the other three areas of the store. He also has fewer employees in positions below and above him.

He has been in the same position for all the time he's been with the company although he has a college degree (in business) and has repeatedly asked for guidance on how to move up in the company. Many times being passed up for promotions to new hires or just not getting answers to questions he asks.

He used to work with three other people in his area at his level but all have either been moved or left the company and now he is doing the work of four people. His underlings are quitting due to the high level of stress and work load because they are seriously understaffed in his area.

He feels as if he is being set up to fail, them hoping that he will quit an impossible job so they can move on to younger employees who can be paid less money and them not having to continue to give him the accommodations he requests (which are very few). At one point a store manager even went so far as to state that "there are a lot of people who have been with the company a long time and make enough money that they could hire two people to do double the work for the same amount of money".

They require quite a bit of paperwork that they do not properly make accommodations for. And the only true accommodations that he has been given were by the state of Florida Division of Blind Services.

He has documented many instances where he feels he has been discriminated against. He also has an outstanding record as an employee, with all excellent and outstanding reviews, etc.

I guess my question is 'should he be doing anything specific to get the promotion he deserves' any special questions to ask, put it in writing, go to regional offices, etc.? Or, is it time for him to hire legal council and sue them for discrimination.
Submitted: 11 months ago.
Category: Employment Law
Expert:  wallstreetfighter replied 11 months ago.

wallstreetfighter :

Hello I am a licensed attorney here to help you with your question, please review my response and do not hesitate to ask for clarification

wallstreetfighter :

This is an unfortunate situation,

wallstreetfighter :

your husband should first send a letter to HR stating that he feels that his denial for promotions are due to his disability and age, and that if this continues, he will have no choice but to file an EEOC civil rights complaint.

wallstreetfighter :

It is best to give the employer notice of the situation, and an opportunity to remedy the situation,

Customer:

Does it matter that he has a fairly new HR manager in the store?

wallstreetfighter :

If they fail to act he can file an EEOC complaint, and the agency will investigate the matter,

wallstreetfighter :

no, it does not matter, in his letter he can detail the number of times he applied and was rejected.

Customer:

does he need a lawyer to file an EEOC complaint?

wallstreetfighter :

No, he does not need an attorney, he would be able to contact them directly, and they will begin the investigation

wallstreetfighter :

o file a claim with the EEOC, contact the nearest local EEOC office. More information about filing a claim with the EEOC can be found at http://www.eeoc.gov/facts/howtofil.html.








EEOC — Miami District Office
One Biscayne Tower
2 South Biscayne Boulevard
Suite 2700
Miami, FL 33131
Phone:(NNN) NNN-NNNN
TTY:(NNN) NNN-NNNN/td>
EEOC — Tampa Area Office
501 East Polk Street, 10th Floor
Tampa, FL 33602
Phone:(NNN) NNN-NNNN
TTY:(NNN) NNN-NNNN/td>
Customer:

he never actually applied and was rejected because they never gave him that opportunity.

wallstreetfighter :

if he was never given an opportunity he should highlight that in his letter, and mention that younger less experienced employees were promoted while he was not

Customer:

based on what you've read does it sound as if he was discriminated against, or is this just business now-a-days?

wallstreetfighter :

It seems to be a case of discrimination from the facts you have given,

wallstreetfighter :

at this point, if he shows the employer that he is serious about a complaint,

wallstreetfighter :

that may spur them to act in his favor to avoid possible litigation,

Customer:

or, they can make his life more miserable.

wallstreetfighter :

Under the retaliation laws, an employee who files an EEOC is protected from harassment,

wallstreetfighter :

if they do anything negative to him, he could sue for retaliation,

Customer:

oh, that's good to know.

wallstreetfighter :

employers know this, and usually try to work it out with the employee

Customer:

how much can you really expect from a company such as his (think, wal-mart, target, k-mart sized) as far as accomodations? they do not have computers, scanners, registers that he is able to use. etc.

wallstreetfighter :

A larger company has to provide reasonable accommodations,

wallstreetfighter :

they cannot make an excuse that it would be too expensive,

Customer:

They do not have their forms, schedules, reviews in formats he can use on the computer that has voice capabilites.

wallstreetfighter :

as smaller employers can claim,

wallstreetfighter :

That is an issue and he should also claim a violation of the ADA

Customer:

Would it be unreasonable for them to provide a reader for him if they can't provide the technology?

wallstreetfighter :

NO

wallstreetfighter :

It should be considered

wallstreetfighter :

they should have the funds

Customer:

even if the store in questions only has a set amount of work hours allowable? Is it also unreasonable for them to give set hours to certain tasks and then expect the work to be done faster?

Customer:

Also, way above you mention that he is maybe being discriminated based on his age, but he's only 40. does that count??

wallstreetfighter :

yes,

wallstreetfighter :

I would stick, with the disability discrimination,

Customer:

ok, one more thing. once he gives HR something in writing how long of a time period should he allow before moving on to EEOC?

wallstreetfighter :

I would wait one week, to wait for a response

Customer:

and how long for them to actually take action?

wallstreetfighter :

You should state in the letter an EEOC complaint will be filed,

Customer:

should we consider having an attorney draft the letter?

wallstreetfighter :

yes that would be best

Customer:

and would you be the guy to do it?

wallstreetfighter :

no we are not allowed to represent customers,

wallstreetfighter :

you can hire any local attorney to draft such a letter,

wallstreetfighter :

You can also draft a letter later, and send it here for a review,

Customer:

ok, fair enough.

wallstreetfighter :

Good luck, and if you have any further questions please do not hesitate to ask.

wallstreetfighter :

If satisfied please provide us with positive feedback, so we can receive credit

Customer:

thank you, XXXXX XXXXX that.

wallstreetfighter :

Thank you

wallstreetfighter, Employment Lawyer
Category: Employment Law
Satisfied Customers: 15673
Experience: 14 years exp, General counsel for National Corp. firms, Hostos College instructor, Represented employees in discrimination lawsuits
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