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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 88394
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I am three weeks into a new job as a steel/rebar estimator.

Resolved Question:

I am three weeks into a new job as a steel/rebar estimator. During the interview process I fully disclosed that I have Fuch's Dystrophy, an eye disorder. The owner/boss (small business) purchased a monitor that would allow me to do my job. The problem I have is that on the very first day of work, three weeks ago, I went straight into his office for "training", using his computer. I'm talking "baptism by fire" type stuff........"Here it is, you are the pilot". The subsequent fumbling around just to see the small white mouse pointer caused myself and him great frustration. I felt this was a huge "foul ball", to do this to anyone on their first day of work, let alone have a nasty eye disorder....his computer/monitor. At one point he banged his finger on the monitor and shouted, for the whole office to hear.."you can't see that?" Humiliation? That does not BEGIN to describe how I felt. Well, now the entire dynamic has changed to what I believe is harrassment....I'm "not grasping the job"....I have an MBA, top of my class and am intelligent, having done my own estimating for well over five years and close to $1/2M in volume. But after that first day and ALL interactions with the owner/boss since, there is tension and a total sense of unnecessary pressure/anxiety etc. which to me traces back to my eye condition and that first day's experience. (This same experience also happened with more "training" with another senior estimator all within clear earshot of the boss/owner.

The owner/boss called me into his office this evening and informed me that he is "greatly concerned" regarding my performance, and will work with me (harass) me again tomorrow, then, "make a decision". I take this to mean "fire me". My nerves have been so shot these past three weeks because I basically feel intimidated, humiliated and bullied being around this man. I am 52 years old, a former Marine, and getting mad as hell. I was courted by this company for over 4 months before accepting the position.....fully disclosing my Fuch's, background/experience etc. (I own a small business as well) and was a customer of this company (steel rebar fabricator). Basically with just this bit of information, I am curious as to the potential validity regarding grounds for harassment under the ADA....Section does not matter, and I am aware that this is a developing area of law. I live in the Charlotte, NC area.
Thank you if you made it this far!
Walt
Submitted: 11 months ago.
Category: Legal
Expert:  Law Educator, Esq. replied 11 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

You are indeed describing a situation that would qualify as a hostile work environment based on your qualified disability. You have informed the employer that you had a disability and requested the reasonable accommodation, which he agreed to provide and then he made you use equipment that did not accommodate you and he is harassing you now based on that disability and not accommodating your disability pursuant to the ADA. Since you have discussed this with the man and it has not improved, your next step would be to file a complaint with the EEOC or the State Commission on Human Rights and they would have to investigate to grant you a right to sue letter.



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Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 88394
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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