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P. Simmons
P. Simmons, Attorney
Category: Legal
Satisfied Customers: 33073
Experience:  16 yrs. of trial experience
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I disclosed my dyslexia to company after twelve years of working

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I disclosed my dyslexia to company after twelve years of working at site. I was re-assigned to position in accounting dept. I have discalcula. Dr. documented on file for proof to company. Non compliance of ADA law & harassment by management. Suffered mild stroke due to on going treatment. What are my rights?
Thanks for the chance to help. I am an attorney with over 12 years experience. Hopefully I can help you with your legal question.

Dyslexia is covered by the ADA. And if you you work for a company that has 15 or more employees, they are subject to the ADA.

Can you tell me...you mention reassignment to accounting...what was the reassignment from? What was the prior job?

And have you asked for an accommodation for your condition? Have they provided one?
Customer: replied 3 years ago.
My medical record from doctor stated I am protected under ADA, H.R said" that I looked smart" & they did not understand what was needed for my "condition " they had me attend a 1 day Excel class & stated that I better be accurate or be written up due to high profile of desk. My prior position was Export Logistics for the company, I did not have to do spreadsheets w/ formulas. Company has right of assignment clause for bargain u it employees. Company has not provided any accommodations .
Thank you

The ADA requires "reasonable accommodations". The law is clear on this.

So if your employer is not providing any accommodations? They are in violation of the ADA

It is important to understand that the ADA does not require that an employer change your job description, or assign you to a different position...only that they make "reasonable accommodations" for your disability.

That said, what you describe seems the opposite...it seems they are not providing any accommodation at all. Again, that is a clear violation of the ADA.

Your recourse?

The first step would be to go to HR and complain. But what you describe, it sounds like you have tried that already. If HR will not help you, then your next step is the EEOC.

The EEOC can step in and help resolve this via their complaint process.

You can make the complaint to the local EEOC filed office (you can find the one closest to you here http://www.eeoc.gov/field/index.cfm

Once you file the complaint that will start the process where the EEOC will investigate and make recommendations to the employer. If the employer continues to refuse to comply with the law, after you make your complaint, you can file suit under the ADA and sue for the damages you suffer.

So you have rights. Specifically the right to a reasonable accommodation for your disability

I understand your fear of retaliation...it may be that happens. But at the end of the day, if you want to enforce your rights, and if HR will not help you, the next step is to file a complaint with the ADA


Please let me know if you have more questions...happy to assist if I can

P. Simmons and 2 other Legal Specialists are ready to help you
Customer: replied 3 years ago.

Hi Mr. Simmons,


 


I asked HR dept about ADA compliance in writing and my job sent me home on 7/10/2013 with pay;told me the only job they had for me was as forklift driver or I could take severance package. gave me 48 hours to decide. that was 10 days ago; company has been paid me for this leave... I have a meeting tomorrow (7/25/13) morning regarding their plan for me, do I need to get everything in writing, do I need to secure lawyer?

You should first talk to the company to see what they are offering. Then I would meet with a local employment law attorney to discuss what it is they are offering and if it is a fair settlement.
P. Simmons and 2 other Legal Specialists are ready to help you

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