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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 112774
Experience:  20+ Years of Employment Law Experience
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My name is ***** *****.
, I work at an alternative

Customer Question

Customer: My name is ***** *****.
JA: Thanks. Can you give me any more details about your issue?
Customer: I work at an alternative campus, a probation setting, and have been teaching GenEd English for 3 years. In early May, my admin asked me about returning to the jail and teaching SpEd again. I asked not to, and lined out my reasons, related to health, as I had a depressive episode when previously placed in that setting. Two weeks later, she informed me that she was moving me there anyway. This began a major slide, and I spent the summer working on ways to have accommodations to be effective, etc. I was met with a rather blase attitude. Just before school started, I was hospitalized. My doctor kept me out for the fall semester. My husband, given the fact that this was the 3rd such episode directly related to the school district, lodged a complaint with HR, and it was well-investigated. In October, I was informed that upon my return, I would be placed back at the probationary school. In January, I returned. My coworkers have been extremely distant since I returned. I have been unable to get 'usual' assistance from the classroom aide who serves all 7 teachers here, and have simply begun doing all the things myself. (i.e. copying, taking kids to the library, etc). At one point, she refused in front of our team leader, and no action was taken. Last week, a social luncheon was held with all the teachers, and I was not included. I brushed it off. Today, another such luncheon occured, in which all the teachers took part, but which I had no notice or invitation. It appears this is becoming a pattern. Professionally, they are fine. However, the social aspect is most definitely obvious. At what point does this become a pattern? And at what point do I say anything?
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Submitted: 1 year ago.
Category: Employment Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
I am afraid you have a big issue here in that you must do as directed by the employer. However, you have a right under the Americans with Disabilities Act to reasonable accommodation if you have a permanent disability. You need to make such a request in writing with supporting documentation from your doctor to ask the employer to provide you with the reasonable accommodations you require.
As far as the employees ignoring you socially, I am afraid you cannot take any action because of that. If they were treating you differently professionally based on your disability or in retaliation for you filing a complaint about your disability to HR, then that would be grounds to file a complaint with the EEOC for discrimination under the ADA. Other than that I am afraid your only recourse right now is filing the written request for accommodation based on your disability and then if they deny you, you have a claim to also file with the EEOC, which has to investigate before you can go to court and they have to issue you a right to sue letter before you can do so.

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