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Recent Title VII questions

I have recently had a shift in reporting structure due to a

I have recently had a shift in reporting structure due to a merger. My new manager is making me "retrain" on an electronic learning management system that i have been working in since January when she was supposed to provide the instructions for making administrative changes. I am at the top of the payscale and a Senior in the role. I feel as though I am being singled out as No ONE else is being asked to do this. She is not offering to provide the instructions for this process.JA: Because employment law varies from place to place, can you tell me what state this is in?Customer: MassJA: Have you talked to a lawyer yet?Customer: noJA: Anything else you think the lawyer should know?Customer: Due to the merger, many upper management have been offered "packages" and have left the company. I feel as though they are targeting top level pay to sort of push them out to replace with younger new folks. I am 60 years old and have been with the company for close to 9 years

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ScottyMacEsq

Doctoral Degree

22,514 satisfied customers
I'm 28 weeks pregnant and recently brought a Dr excuse to

I'm 28 weeks pregnant and recently brought a Dr excuse to put me on light duty because I was working in the backroom and still climbing latters while pregnant. I was making at least 30 hours a week. The first week I was put on light duty I went down to less than 20 hours a week. The next week they apparently forgot to put me on the schedule all together. When I told my boss about it she added me to the schedule and I got about 20 hours. They put me on the schedule the next week, but only 10 hours, and before that week even started they took me off the schedule completely. I feel like they are discriminating against me because I'm pregnant and can't perform the job duties I'm used to doing which includes heavy lifting and climbing latter's. Are they allowed to cut my hours or take me off the schedule just because I'm pregnant and can't do what I used to do?

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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

17,856 satisfied customers
I live in IL. My boss wants to fire me over the fact when

I live in IL. My boss wants to fire me over the fact when people speak negatively about him. I never respond and just stay quiet or change the subject. He has statements from people saying I was quiet during certain negative conversations. Each conversation, I eventually walked out of except one I was trying to finish my lunch. He is saying I am angry for a promotion I didn't get. I thought staying quiet during a negativeconversation was taking the high road?? I've even told him about someone of there conversations.I also believe he has been trying to set me up to say negative things about him. I feel very strongly at least one of my co-workers have put me in this situation.

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Loren

Juris Doctor

36,258 satisfied customers
I believe I was treated and paid unfairly compared to my

I believe I was treated and paid unfairly compared to my male peer for more than 6 years. I left the organization in Sept. after finally reaching my limit - is it too late to do anything about it?

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Ely

Counselor at Law

Juris Doctor

63,706 satisfied customers
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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5,184 satisfied customers
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

17,856 satisfied customers
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

Counselor at Law

Juris Doctor

63,706 satisfied customers
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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5,184 satisfied customers
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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5,184 satisfied customers
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