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Ask Tina Your Own Question
Tina, Lawyer
Category: Employment Law
Satisfied Customers: 8184
Experience:  JD, BBA, recognized by ABA for excellence.
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I have some unique questions regarding employment,

Customer Question

I have some unique questions regarding employment, disability discrimination, FMLA, ADA, civil rights title vii and pregnancy discrimination and how all of these laws interact for multiple disabilities along with pregnancy immune conditions and being fired from my former employer after requesting FMLA & Ada accommodations for a pregnancy immune condition requiring IVIG / intra lipids from the time of conception. I know there's NO caseload with this matter & this happened to me & is present in federal court in eastern PA #3:CV-15-830. I had an attorney but could no longer afford him and i'm winging this on my own and need help with "rewording" my complaint so that it is in smaller, numbered paragraphs. I have some questions about the complaint "format & structure". I know that the only other slightly case was " Hall vs Nalco" & my circumstances could define caseload for millions of women seeking infertility treatments. My name is Liz & my number is: (###) ###-#### I really would appreciate an attorney ca
Submitted: 1 year ago.
Category: Employment Law
Customer: replied 1 year ago.
The word was "caselaw" but it auto corrected the words...
Customer: replied 1 year ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Customer: replied 1 year ago.
I was also wondering how the "Mixed Motive" aspect and also the "Retaliation" would apply and how it should be structured. I definitely want a "Jury Trial" with all of the preponderance of evidence that I have over a 3 year period. It is from 2010-2013 and there were 3 EEOC charges filed with the latest one written from my Attorney George Kounoupis (top 5% of all attorney's in PA) with having 5 manager's up to senior manager's being "aided & abetted" the discriminatory and retalalitory conduct as continuing charges. I also have hearing / auditory processing disabilities: MERLD (Mixed Expressive Receptive Language Disorder) & CAPD (Central Auditory Processing Disorder) & Tinnitus & depression from the hostile work environment that I was subject to over a three year period. Basically I was diagnosed as a child as Learning Disabled & I didn't use any accommodations for over 22 years until the harassment began with my former employer, a major global retail company involved in logistics of shipping freight to thousands of it's stores. I worked within the computer room of it's NE Region Distribution center in Tobyhanna PA. (the company has a long history of employee & civil rights violations of it's workers) Back in 2010 they started a "Dot Com" 2nd distribution center within the original distribution center & it was only the 2nd one created within the country. It was complete chaious throughout the entire distribution center with freight piling up everywhere, back then I notified them of my pregnancy and later I was being written up for organizing my notes at home to do a better job in an aufull work environment, I was harassed by two managers for 2 hours about working faster and to talk on two separate phone calls at he same time while keying in entries on the computer at the same time also. I could not do 3 different things at the same time and I was stressed and crying and I had an immediate spontaneous miscarriage one minute from walking out of my managers office. You can't fake a crotch full of blood, my manager wanted me to go home and change my pants and return back to work but the security officer whom filed an accident report on the matter would not allow him to do that. I took the rest of the afternoon off. Well this miscarriage was the start of the next 3 years of the hostile work environment and retaliation that went on. It's a long story & you would have to see the hundreds and hundreds of pages already filed within the court system. That's why I have specific questions about the various disabilities and laws and how they interact and federal & state laws over them. To make a long story short, after my miscarriage on 9/9/10, I was seeking fertility specialists to get help because my husband & I wanted to have a child. I know that it's medically documented that "stress" does actually cause miscarriages, there's hundreds of studies plus Professor Robert Sapolsky, professor of Neurology and Neurosurgery at Stanford University has studied the "stress response" for 30 years. Plus My Doctor; Dr. Jeffrey Braverman, Reproductive Immunologist in Manhattan NY whom later diagnosed the treatment for my condition in December 2012 after I became pregnant again under his medical care and notified my employer. But again to make a long story short. in an effort to have the harassment and hostile work environment stop, I went back and got my original childhood diagnosis of being learning disabled & went through OVR and Allied Services to be retested during the summer of 2012 and I also saw an audiologist and was finally "recertified with the MERLD & CAPD" presently which I sought out accommodations for but they refused and kept harassing me. This led me to document everything in writing, which just got them more angry. Now from Jan 2011 through the Summer of 2012 they "cohursed me" to "just take time, hours, days and / or weeks, as needed to see my fertility specialists for natural cycle monitoring." This is all documented within the daily time clock punches over the years and the key thing is that I did NOT have an FMLA NOR ADA ACCOMMODATIONS during this time period. I figured out that they were "reducing my work hours to be "under the 1250 Hrs requirement" and I stopped taking time off & "built up my work hours over the required 1250". Then on 8/16/12 I requested an FMLA for Infertility / pregnancy cycle monitoring from Dr. Jerome Check in NJ & PA and it was approved on 8/17/12. This FMLA carried me through to 2/16/13 and I only used minimal hours off as needed for treatments. I would have a late start in the morning etc. for bloodwork & ultrasounds by the Dr.'s Office. Plus during all this I was still being harassed about the workload which it took me requesting a "Job Coach" (my old manager) to be present with my new manager whom was a participant with the harassment and hostile work environment. He had me "log down every work task that I did over a 3-week period during............
Customer: replied 1 year ago.
during 10/4/12 - 10/18/12 and they started arguing about how I could "not key two sets of entries with both my left & right hands at the same time"! Art (my Job Coach whom was my previous manager knew how dedicated and hard working I was since I worked with him for over three years earlier from 2007-2010 within his department. When they were arguing & Art was the only person sticking up for me, the next day Senior management "immediately REMOVED him as my Job Coach" thus again I was isolated with no help from anyone. This went up multiple levels of management, to the head of HR, and to the VP & Head of the entire Distribution center. Finally in late November they were forced to make minor changes within the work environment, like having their various departmental managers bring up their work earlier in the day instead of waiting until the end of the day when they we're walking out and leaving the distribution center, they would pile up the work in the "bin outside the computer room" when there was only 1 hour left available to me to complete al of the departments ( say 20-24 departments) work. Well again to make a long story short, in December 2012 I was seing three different fertility specialists: Jerome Check, CNY Fertility & Dr Jeffrey Braverman Reproductive Immunologist in Manhattan NY. I was able to get all three doctors to work together for their various specialities & I purchased a 6 cycle IVF package on 12/17/12. Both My husband and I did "Immunologic genetic testing with Dr. Jeffrey Braverman on Monday 12/17/12". I told my managers & HR that I had bought a 6 cycle bundle IVF package (It was cheaper in a bundle vs individual cycle pmts) Then by an uncanny chance of luck, on Friday 12/21/12 I was still continuing with cycle monitoring with Jerome Check in PA/NJ, and I had a delay start for work and had my pregnancy blood work done and they called later in the early evening to congratulate me that I was pregnant. Well this started another entire chain of events for the next 3 months, Since it was the Christmas holiday, and everyone was shutting down early, I was getting every other day blood work done for Dr. Braverman, I had Christmas off from work & took 12/26/12 off for FMLA to see Dr Braverman, and then when I went in to work on 12/27/12 I only worked for 4 1/2 hours and I was FORCED on leave to get a doctors release for me to work a desk job. While still on leave I was continuing the bloodwork for Dr. Braverman and everything was good for a while but it was still to early to see anything on an ultrasound. He was in a hurry to get the speciality bloodwork back that was done on 12/17/12 by my husband & I. He didn't get the results back until a week after new years and he was becoming concerned because my "numbers were platoing" where as they should keep going up. Once he got the results back he identified an immune condition which has a cross signaling and my immunity was attacking the pregnancy, probably a result from all the stress that I was subjected to over the 3 years prior, and he said it was 85-90% treatable but I would need a 3-4 hour IV drip of IVIG or Intra Lipids at least throughout my first trimester and possibly for the entire pregnancy. This is a very common for him and he has been doing it for over a decade or so. This procedure is NOT uncommon, I don't know if you have ever heard of when a person "gets a transplant" that their body can "reject the organ" they would get this same IV to suppress their immunity from attacking the transplanted organ. Well if any immunity condition is covered under the ADA, then one would have to determine the importance of what the immunity actually does for "maintenance and keeping of a pregnancy" thus people whom have miscarriages, actually have problems with their immune systems. These functions are well know within the Immunologic community. You should check out his website: another Reproductive Immunologist is: Joanne Y. Kwak-Kim, MD of Rosalind Franklin University of Medicine and Science in Illinois.
....Once again... then on 1/9/13 Dr Braverman believed I would loose the pregnancy and ordered a D&E to be done. He said not to worry because it could be easily fixed with the IV at the time of conception to suppress my Immunity from attacking the pregnancy. On 1/9/13 I met with HR and brought in a 3 page letter requesting FMLA and ADA as an "un-interrupted transition and continuation" because now my condition means that "any interruption with my IV treatment could mean FETAL DEATH". I provide sufficient notice because my FMLA was going to expire on 2/16/13 and I provided notice written & verbal on 1/9/13. The doctor gave me 2 additional weeks off to get the D&E surgery and I was set to return back to work on Tuesday 1/22/13. On "Saturday 1/19/13 the VP of the entire distribution center called my house and told me that I could NOT return back to work until I answered his questions
Customer: replied 1 year ago.
I refused to answer his "verbal questions" and kept saying: "Put it in writing", he was extremely angry with me for requesting his questions to be in writing. Thus I had to drive in on a Saturday (NOT my normal work day) to pick up his questions, where he was inquiring about the treatment schedule. I DID NOT get a DESIGNATION NOTICE WITHIN THE 5 day federal requirement, and they did NOT give me an answer until after 2/20/13 after my FMLA already expired & I had to cancel 3 Doctors & specialists appointments because I was asking where my answer was from 2/16/13 and each and every day after I would ask multiple times with answers like; ooh we have to wait for the home office, or I don't know, I'll get back to you, We're not authorized to approve it, (even though they already did within 1-day back on 8/17/12 for the original FMLA request made on 8/16/12) So on 2/20/13 I was told that I would have "to apply for an FMLA" and they just gave me NEW papers to complete which was about "45 days AFTER my verbal & written requests made on 1/9/13 made in person in the HR office where I was in there for over an hour explaining the circumstances." Well from 2/20/13, I had to get my Doctors to complete the paperwork again which took them until 3/4/13 when it was faxed in the morning to them, but my employer said they NEVER got it and denied my request for intermittent FMLA but refused to put it in writing even after I requested it in writing. This went back & forth for the next couple weeks and then on 3/28/13 first thing in the morning, I was called into the head of HR and told that I was being fired and was NEVER written up nor warned for any reason plus I had my "semi-annual review on 3/13/13 with my manager which actually was very good" because I was completing all of my work on time and punching out off the clock on time also. I asked what the reasons were but they would not give me any reasons & said that I would be mailed a letter. then they had 3 managers "escort me within 1 foot of my physical space back to my desk to get my purse & to immediately leave" I was treated as a murderer or top ten criminal because they would stand in front of me and physically block me off from trying to say goodbye to one of my co-workers, whom I had to keep requesting to "please move" so that I could at least shake her hand goodbye.In the federal complaint, the 5 senior managers are also being individually sued in addition to the major global company. They "aided and abetted" the discriminatory & retaliatory conduct and maintained a hostile working environment"So please it there is an attorney whom has signifigant knowledge about "proper structure and verbage needed" for an:
Employment Disability & Discrimination, sexual harassment, Title VII Civil Rights Act, Pregnancy Discrimination Act, Wrongful Discharge, Retaliation, charge and also what do I need to provide to the court to be able to "request an extension of over the 15 page complaint limit" and how to do the addendum afor exhibits? I have about 3 inches of "date order Exhibits".
Please, Please call me at: (###) ###-#### ***** (###) ###-####Thank YouElizabeth H.
Customer: replied 1 year ago.
Oh by the way... their Complex Litigation attorney's in Phili. that they hired have contacted me multiple times and requested a court appointed mediator to settle the matter, however if it does NOT go to trial, then there is NO caselaw changed/defined for the situation, and women would be still left to be discriminated against when they would need accommodations the most to obtain Infertility treatments. I was bothered by the fact that there are more laws in place to define a "woman's right to get an abortion" = case from 1973; "roe vs wade", but NOTHING for a woman's right to seek infertility treatments !!! the partial caselaw is from about 7-8 years ago; which is "Hall vs Nalco". You should review all of these "law school reviews about the matter":Please Google these PDF's by the Law school's:Indiana Law Review: DEFINING DISPARATE TREATMENT UNDER THE
Harvard Law Review:
Nalco Co., 534 F.3d 644 (7th Cir. 2008).and also:
KERRY VAN DER BURCH* - My circumstance!!! could help all women now & in the future, PLEASE HELP!
Customer: replied 1 year ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Legal Research on Case Law, Codes, etc. + Write Legal Documents + Review Legal Documents + Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Customer: replied 1 year ago.
Hello ?....
Customer: replied 1 year ago.
Hello???... I assume that you can't help me either since I haven't heard anything back yet.
It seems no one can since there's no case law on this matter, I am forced to wing it on my own as a "Pro Se Litigant" because I cannot afford my previous attorney's huge hourly rate any more.
Well, I guess thanks for trying.
Expert:  TJ, Esq. replied 1 year ago.

Hello and thank you for the opportunity to assist you. My name is ***** ***** I'll be glad to help if I can. However, I noticed that you wrote quite a bit of information here. Frankly, it's too much to sift through considering I don't even yet know what kind of legal information you are seeking and whether I have the necessary knowledge to answer you.

Do you think that you can write your question(s), and then concisely provide the basic background information in a few sentences?

If I need more information at that point, then I'll certainly ask, but first I need to know your question and get a basic understanding of your situation.