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I work as an associate in walmart at Denver. My supervisor…

Customer Question
I work as an...

I work as an associate in walmart at Denver. My supervisor is racial and bullies me in front of customers and other associates. She favors others and threw me from one register to other yelling at top of the voice. I have a medical certificate which states that I should be near a rest room for my medical colon conditions,But she insists on sending me to far away places of work away from proximity to rest rooms. I had passed stool in that place but she insists that I go there instead of giving me reasonable accommodation.

Lawyer's Assistant: Have you discussed this with a manager or HR? Or with a lawyer?

Not a lawyer but my HR and the assistant Manager but the assistant manager throws a tantrum and shouts scream and challenging me to quit and beats up his head

Lawyer's Assistant: Are you an "at will" employee? Do you belong to a union?

No union but I am a 40 hour employee and 74 year old.They treat me like a school student and bullies me around all the time.Every day I am scared and stressed to go back to work.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I work under hostile and intimidating work atmosphere. i wrote all these but the assistant Manager will not take it

Submitted: 2 months ago.Category: Employment Law
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6/10/2018
Employment Lawyer: Loren, Lawyer replied 2 months ago
Loren
Loren, Lawyer
Category: Employment Law
Satisfied Customers: 39,331
Experience: More than 30 years in legal practice.
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Thank you for using JA. I am Loren, a licensed attorney for over 30 yrs., and I am here to help.
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Employment Lawyer: Loren, Lawyer replied 2 months ago
I am sorry to hear of your difficulty.
Before I answer a bit more detail would be helpful please.Do you believe you are being treated differently than other employees due to your age, gender, race, religion, ethnicity, etc.?
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Customer reply replied 2 months ago
my medical condition
Employment Lawyer: Loren, Lawyer replied 2 months ago
Which protected class? Age?
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Employment Lawyer: Loren, Lawyer replied 2 months ago
In order to make a successful claim for age discrimination you must first establish a prima facie case as follows:In Fasold v. Justice, 409 F.3d 178, 184-85 (3d Cir. 2005), the court held that the plaintiff:
presented evidence that he (1) was over forty years old at the time of the adverse employment decision; (2) is qualified for the position in question; (3) suffered from an adverse employment decision; and (4) that his employer favored a younger employee or replaced him with someone sufficiently younger to permit a reasonable inference of age discrimination. See generally Potence v. Hazleton Area Sch. Dist., 357 F.3d 366, 370 (3d Cir. 2004); Anderson v. Consol. Rail Corp., 297 F.3d 242, 249 (3d Cir. 2002).Once you are able to establish that you were subject to disparate treatment, the burden shifts to the employer to show that there was a legal reason for the adverse action taken against you.To start the process, contact the EEOC at www.eeoc.gov for more information on filing a complaint. Your employment is protected from termination due to filing the complaint. Such termination would be retaliatory and subject your employer to further liability to you.With regard to the medical condition, I am sorry to hear of your dilemma. I realize how frustrating this is for you, but I believe I have information which you will find helpful.Assuming there are at least 15 employees, if you can show that you have a disability then your employer is required to make a reasonable accommodation to allow you to do your job.The term disability means: (1) a person who has a physical or mental impairment that substantially limits one or more major life activities, (2) a person with a record of a physical or mental impairment that substantially limits one or more major life activities, and (3) a person who is regarded as having a physical or mental impairment that substantially limits one or more major life activities.A reasonable accommodation is a modification or adjustment to a job, the work environment, or the way things usually are done that enables a qualified individual with a disability to enjoy an equal employment opportunity. In other words, you still need to be able to perform the basic duties of your position.If you can get a letter from your doctor identifying the health condition as chronic (as opposed to acute, which may trigger FMLA) you should make a written request for accommodation. If refused or dismissed, you can seek enforcement through the EEOC at www.eeoc.gov.Also bear in mind, you can not be fired for requesting a reasonable accommodation, but if they have a separate and legitimate reason for termination then ADA would not apply.An attorney is not required, but it would be invaluable in this type of claim. It is not simple litigation and there is no reason you need to learn as you go. Additionally, if you prevail, you would be awarded your attorney fees and many attorneys who handle this type of claim, do so on a contingency fee basis. So, it should not cost you anything upfront.If you need help finding local counsel, try Martindale Hubble. Many attorneys themselves use this site to locate attorneys outside their jurisdiction or expertise:
http://www.martindale.com/Find-Lawyers-and-Law-Firms.aspxIf (and only if) you are completely satisfied that your question is answered professionally and accurately, even if not the answer you were hoping to get, please remember to leave a favorable rating (click 5 stars in the rating section on this page). It is the only way that I am credited by JustAnswer for answering your question.
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Customer reply replied 2 months ago
i cannot find my phone will call you as soon as I find it
Employment Lawyer: Loren, Lawyer replied 2 months ago
Ok
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Employment Lawyer: Loren, Lawyer replied 2 months ago

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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