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Asad Rahman
Asad Rahman, Lawyer
Category: Employment Law
Satisfied Customers: 1729
Experience:  Practicing Attorney with 10 years experience
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I am wondering if my ADA rights have been violated. Synopsis:I

Customer Question

I am wondering if my ADA rights have been violated. Synopsis:
I interviewed by a National level popular hotel/Motel chain as a guest services representative (front desk clerk). Prior to my being offered the position at $9.50/hour, I did inform the interviewer that I am an amputee for my left leg. At that time, she said that she does not see any problems that would prevent me in completing all tasks and offered me a full-time position there. I explained that I could do the job but most likely at a slower rate than fully able staff members. She then said "No worries Mister Lee".
I started the very next day at 10am.
All was well for a few days and during that time, she consistently asked about my leg and being in pain due to having to stand for long periods of time. I told her, it hurts but I will be fine. A few days later, another person was hired as a "GSR" whom is a able person whom speaks very fluent Spanish. I am the ONLY person that works at this Motel that does not. I then noticed on the schedule that I was not provided a set schedule and all others had one to include the other "new hire". My schedule was to be 830am-1230pm and then return at 3pm and work until 7pm. This continued on for a day or so. Then one afternoon, I came in at 3pm as advised and went to do a money count as we do per SOP to maintain the integrity of the monies. When I opened the cash drawer it wasn't there and it concerned me due to fact that drawer is very rarely locked if ever at all. My property manager claims that I yelled at my co-worker and received a " write-up" for doing that and she sent me home for the rest of the day. Since then, I have not received any hours to work by the employer-manager at all and now is requiring me to see a physician to get a release to return to work signed and dated. Also included with this form is a formal job description as per Motel 6 corporate. My property manager requested me to contact HR Corporate office whom advised her to have me do this with my doctor at my own expense. Do you feel that there may be some type of violation to this. Honestly another reason they may be trying to get me gond is because I am the only person working that location that does not speak Spanish as well.
Please contact me with your ideas and ponderings regarding this matter. Many thanks.
Very Respectfully,
Lee W Pickett
700 N Dees Street
Fort Stockton, TX 79735
[email protected] com (###) ###-####
Submitted: 6 months ago.
Category: Employment Law
Expert:  Asad Rahman replied 6 months ago.
I do see that there may be some discrimination going on. I am not sure it is an ADA violation because there were no reasonable accommodations that you requested, but it more a discrimination of the the Equal Opportunity laws. I think you need to actually file a complaint with HR and ask them to address this. If they do not, then you need to contact a local employment law attorney who can guide you through the process of filing a potential lawsuit.

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