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Ray
Ray, Employment lawyer
Category: Employment Law
Satisfied Customers: 37085
Experience:  30 years in Employment law
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Subject: JOB DISCRIMINATION PER AMERICAN DISABILITY ACT

Customer Question

Subject: JOB DISCRIMINATION PER AMERICAN DISABILITY ACT RIGHTS
Dr. Mr. CEO,
Executive Summary:
I have been discriminated against by XYZ because of my severe, life-long hearing disability. This is a clear and blatant violation of the American Disability Act and in addition; I was treated unfairly by my direct supervisor.
I’m writing to you regarding my recent employment termination as a contractor from XYZ Corporation. The following facts provide an accurate timeline and explanation of events that are a clear, unlawful violation of the American Disabilities Act (ADA); better known as the Equal Employment Opportunity for Individuals with Disabilities Act (2010).
My employment as a Sr. Project Manager with XYZ commenced on May 23, 2016 and was ceased and terminated on June 24, 2016 without undertaking a proper assessment of my hearing disability in consultation with the employee to ensure optimal job performance. Specifically, my employment was as a contractor with ABC Technologies who contracted my services for BCD who were the primary vendors for XYZ. It is my contention that XYZ did not exercise any reasonable or practical attempts to accommodate for my hearing disability in a timely fashion. It is incumbent upon XYZ to undertake a proper assessment of my hearing disability in consultation with the employee to ensure optimal job performance. The following facts and sequence of events clearly demonstrates the apparent glaring omission in this process:
On May 23, 2016 my supervisor, Ms. XXX, was notified of my hearing impairment; consequently, I requested an amplifying device that would allow for optimal telephone communications and amplified sound during staff meetings. Ms. XXX reluctantly consented, but yet deceitfully and cleverly appeared to assist in furnishing this device in the workplace while simultaneously criticizing my ability to conduct the Project Plan meetings in an efficient manner completely ignoring my uncorrected disability which was hampering my ability to hold the meetings in an optimal manner; the arrival date of this necessary amplifying device was June 23, 2016 around 1 PM. My employment was terminated the next day on June 24, 2016. Throughout the time period from May 23, 2016, to June 25, 2016 I continued to perform with an uncorrected hearing impairment. I was terminated in less than 24 hours after XYZ accommodated my disability.
(A physician’s letter verifies the critical need for this amplification device in the workplace:).
I was terminated in less than 24 hours after my employer accommodated my disability. Is that a smoking gun?
Submitted: 5 months ago.
Category: Employment Law
Expert:  Ray replied 5 months ago.

Hi and welcome to JA. Ray here to help you today.

You should also file a complaint here with EEOC.You can have them investigate and they will issue you a right to sue letter and you can file suit.

File here

https://www.eeoc.gov/employees/charge.cfm

If you believe that you have been discriminated against at work because of your race, color, religion, sex (including pregnancy, gender identity, and sexual orientation), national origin, age (40 or older), disability or genetic information, youcan file a Charge of Discrimination. All of the laws enforced by EEOC, except for the Equal Pay Act, require you to file a Charge of Discrimination with us before you can file a job discrimination lawsuit against your employer. In addition, an individual, organization, or agency may file a charge on behalf of another person in order to protect theaggrieved person's identity. There are time limits for filing a charge.

I am so sorry that you have had that happen.I hope you will pursue this matter and seek some justice.Thanks for the chance to help.

Customer: replied 5 months ago.
Not satisfied with the answer. Pl refund my fees. Your response is generic -anyone can google it.
Expert:  Ray replied 5 months ago.

Do you have more follow up here, please just ask.

Expert:  Ray replied 5 months ago.

You have to file with EEOC before you can sue here.It is a prerequisite to do so.

Expert:  Ray replied 5 months ago.

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Customer: replied 5 months ago.
Very unhappy with response. Pl refund full amount.
Expert:  Ray replied 5 months ago.

I'll send this to customer service, good luck to you.

Customer: replied 5 months ago.
Stupid answer Ray. Fed up with lawyers like yourself. PL refund my money in full.