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Recent Title VII questions

I have been employed since 2006. My last position was

I have been employed since 2006. My last position was working full-time in the Pharmacy since December, 2014, standing on my legs, 8-hours a day. I was born with a genetic bone disease and, after a year, I began to have complications causing my Orthopedic doctor to permanently modify my work to "50% intermittent standing/walking with no carrying of items over 50 pounds". This occurred April 15, 2016. I was told I would receive assistance obtaining another position within the hospital through their, "modified workers program, (designed for Workmens Comp employees). I was also told there "had to be a meeting first", which has yet to be scheduled. In the meantime, I have received no pay, other than a few hours and my vacation, I've been placed in Collections for several accounts, I have no food and nothing coming in. I've called several times and continue to get the run-around. Is there someone that can help me? My Union has been useless as well.....

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I work Federal agency and feel as if being harassed by

I work for a Federal agency and feel as if being harassed by supervisor and administration. In 2003 I was injured and it was the fault of the agency due to lack of neglected upkeep. By 2011 I was almost not able to walk and by 2012 had an joint replacement implant in my foot. The surgery and physical therapy was covered by OWCP. Within a couple of years of recovery I was talked to by my supervisor about age and retirement issues and then HR and supervisor pressed me to get a letter of accommodation while I was still attempting to deal with other medical issues caused by the injury involving my gait and hip issues and was wanting to wait till the physician completed his evaluation, they did not wait so I went to the surgeon and she wrote the letter that the agency needed. Then my employment was threaten, if I cannot do my job then... In the last 8 months with more physical therapy I was able to correct the medical issues and am able to do my job. However, now they are bringing up work place harassment issues on things that I have not done and are investigating me, saying these things I said or did from years ago, which I did not do. I feel that they are wanting to find a way to get rid of me although in 16 years only had one poor review and that was done during the time I was recovering from the injury. So is there anything I can do or just wait for the investigation to come back without any results or is this harassment in the workplace of some kind.

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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

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Is it legal to ask a pregnant employee to turn in a doctor's

Is it legal for me to ask a pregnant employee to turn in a doctor's clearance for her to continue working while pregnant at my house cleaning business?I have a very small house cleaning business (5 employees). Each cleaner works alone in a customer's home. I have one employee who is pregnant and seems to be planning to work until term. I think this may be unsafe for her. To perform this job I require that cleaners be able to lift 30 lbs, stand for long periods of time and occasionally work on their hands and knees (this is specified on our application and each cleaner must check if they have that ability). The pregnant cleaner reported the doctor said she could lift 25 lbs (which I can make as an accommodation much like for a bad back). However, the cleaner is somewhat "naive" in other circumstances and I do not believe she understands that lifting 25 lbs and standing for long periods of time will be less safe as her pregnancy progresses. I doubt she fully explained to her doctor that she is a professional housecleaner doing strenuous work for 4 hours at a time with repetitive lifting and bending. It is not financially feasible nor do I have a staff to split duties. Can I require a doctor's note specifying the exact activities are safe? If the doctor doesn't provide this statement can she be legally placed on unpaid medical leave (what' offered in my company)? I am in the state of Georgia. Any other advice?

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Ely

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Juris Doctor

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In April, I applied Intermittent Leave (American with

In April, I applied for ADA Intermittent Leave (American with Disabilities Act) due to severe side effects my psychiatrist prescribed for my PTSD & treatment resistant bi polar depression. My HR dept gave me paperwork which I turned over to my doctor. HR informed me that I would be able to take the time off I need but that the paperwork must be received in 15 days. My doctor submitted the paperwork on day 16. During that time frame, I took 3 days off to recover and adjust to the side effects of my medication. Because my doctor submitted the paperwork one day late, I received a documented verbal warning from my job for dependability issues. My absences listed on my corrective action were related to my temporary mental disability caused by a combination of mental illness and medication side effects. My doctor has constantly changed my treatment and states the side effects would alter my mental and physical capabilities. It was due to these incapability's that I was unable to attend work, follow through with my doctor to ensure the disability paperwork was sent in at the time frame required by HR, and perform my duties to the best of my abilities. In fact, my doctor had to call the police for a health and welfare check due to these conditions during that time. I tried to plead and appeal my corrective action with HR, just to be denied. Is there anything, legally, that can be done to overturn this corrective action? Or is this disability discrimination? I feel it is totally unjust to hold me accountable when I was not in the right frame of mind during that time. The corrective action stays on my file for 6 months and has prevented me from participating in any special projects, advancement, promotions, and additional benefits provided by the company. Any advice would be greatly helpful and appreciated. Thank you.

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I went on disability from a school position due to a work

I went on disability from a school position due to a work related fall injury. The injury was due to a lack a warning sign indicating that a step was present when all normally used exits were at grade. During my rehab I was given accommodations for part time work. When my position was posted for the next school year, I applied and was not given an interview citing my "disability" being reason for not being rehired....even though I finished a successful operation and therapy. The states attorney cites that the school system is not obligated to offer me back my job with numerous case laws cited. ARE THERE ANY CASE LAWS THAT DO CITE AN EMPLOYERS OBLIGATION TO REHIRE A FULLY REHABBED EMPLOYEE?

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I am an R.N. who has been sent home from work on 03/09/2016

I am an R.N. who has been sent home from work on 03/09/2016 as my mngr. thought something was wrong with on the evening of 03/03/2016, that I had slurred speech/slow speech ,and was walking with a limp to my RLE, this happened to approx. 8 months ago and was cleared to return approx. 6 weeks later.So now I have gone under everything that I was asked to do and my primary M.D. and a neurologist cleared for active duty as when they examined I acting fine , I had to go see primary again on 05/31/2016 and she went to the president of human resources I called my M.D. everyday and she finally told me that I need to see a neurologist/psychiatrist , I had an appt. last wed. and he cannot find anything significantly wrong with my cognition. However he cannot clear until I take a series of 3 tests ,meanwhile I have denied short-term disability and have no income in 3 months,yesterday I got a phone call from human resources and they want to know what is taking so long I explained that I had to take a series of 3 tests and then get cleared for full and active duty ,I know FL. is a right to work state but I am beyond frustrated any advice would be greatly appreciated Thanx, lynda

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I need to file a lawsuit in Federal Court, based on a claim

I need to file a lawsuit in Federal Court, based on a claim of retaliation I reported to the EEOC. I received the notice of my right to sue, and the deadline is this Friday! I am attempting to file pro se, but I have a couple of questions.I do not want to lose the right to file in Federal Court under Title VII. I would like to include my claims under the Michigan State Elliot Larsen Act under age discrimination, harassment, and hostile work environment. The deadline for filing the federal age discrimination has passed; however, I believe the state law still pertains..My question is if I add them to my federal claim, and the court does not accept these, can I still file them in state court?Will they likely dismiss my entire case because of this?If these are filed in Federal Court, and dismissed, or I lose my case, can I still file in state court? If the time limit has passed by then, am I unable to file any claims?Time limits are running out very quickly, and my claim is serious, as it is based on a very hostile work environment that rendered me disabled (diagnosed with PTSD), still unable to work.My employer is a Federal Government contractor. I worked for them for 17 years to provide administrative support services for a federal government employee. I was demoted (age discrimination -- I was 54) and replaced with a 25 year old who had 1 year experience in our office who subsequently became my supervisor. The verbal abuse and hostility led to my taking medical leave. It took me sometime to report because I was afraid of retaliation. In addition, my employer did not provide proper oversight, since they are located in Germantown, Maryland, and had not been onsite for over the last 5 years I was employed, nor did they give us performance reviews in 2 of the last years I was there. They had conflicts of interest in conducting an investigation into my claims because of this; also my supervisor (the govt employee) would have cancelled their contract if they had made a complaint.

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Patrick, Esq.

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I am a store manager women's clothing store and I am a 34

I am a store manager for a women's clothing store and I am a 34 year old gay male. Over the past 8 months I have been subjected to an inappropriate line of questions from a customer regarding my position why 8 work there and how I was allowed to work in a women's store. She made statements that I should not be there and have no right to be there. You don't belong here she said. Since the first incident I have had several run in with the lady... she stares me up and down with a disgusted look on her face. Will not respond or talk to me and just looks at me... even at the check out desk she will not allow me to ring her up or anything. This lady is obviously targeting me because I am a male and she humiliates me every time she comes in. I have partnered with my company but was wondering if I could sue this customer for violations to my civil rights under title vii...

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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

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8 i have a pending case in the federal court regarding a

Hi, my name is Jimmy **********8 i have a pending case in the federal court regarding a discrimination lawsuit based on national origin since 9/2012, what is the normal duration of such proceeding because everything as of 2/17/16 at summary judgement and waiting for judge's decision.

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Ely

Counselor at Law

Juris Doctor

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