Disability and Work

[Psychomom]

I'm really frustrated. For years, I have been labeled as disabled by my doctor due to severe osteoarthritis in both knees and hip joints, 60% loss of use of my right arm, and fibromyalgia. Furthermore, I have balance issues and I fall easily. I have a handicapped plackard and plates issued by the state allowing me to park in handicapped spaces. Yesterday at work, my boss informed me that I can no longer park in the handicapped spaces at work. She said that since I've lost so much weight, I no longer need a handicapped space. Granted, I am getting around better since I lost 95 pounds, but the underlying disability did not go away. I am still disabled and by law I am able to park in a handicapped space. I did not argue with her because she has a history of discrimination against handicapped individuals and when someone argues, she retaliates by cutting hours or making your life miserable. She also lies and claims that the directives come from administration--most of the time it doesn't. If you ask administration and she finds out--retaliation. I'm wondering if I should file a complaint with the Department of Justice under the Americans With Disabilities Act. If I do this, it will go against the hospital I work for. If it is from administration, a formal complaint is warranted. If it's not from administration and she lied to me saying it was, the hospital is in trouble for something she did on her own and lied about. I just don't know what to do.

 

[southernlady]

Not all disabilities are weight related OR visible.

File on her...she is practicing discrimination.

 

[Jbandmmomma]

Is there an HR representative you can speak with? Do you have other options for work? Is your resume "out there"? I agree this is discriminatory, but my first reaction is to see where exactly the edict came from. I would not go immediately to justice department.

 

[Psychomom]

Is there an HR representative you can speak with? Do you have other options for work? Is your resume "out there"? I agree this is discriminatory, but my first reaction is to see where exactly the edict came from. I would not go immediately to justice department.

There is no HR department. We are a small hospital and we don't have an HR dept. There is no grievance sytem to appeal to. Is my resume out there? Yes, of course it is. That being said, our area is economically depressed due to it being agriculturally based. All the farmers got hailed out and most are not replanting, so all the business are taking a hit. My boss and the administrator are close friends, so going to administration will result in retaliation against me. I could go to the county offices to talk to them--we are owned by the county.

 

[Settledownnow]

I would ignore her and park there. You have the placard and plates and are legally entitled to park there. If she persists, you could have your medical doctor write a letter and take it to her with a copy to the administration at the same time. Of course, providing this additional proof is complete BS as your supervisor is way out of line. It might be a way to get her off your back until you find another place of employment if that is your goal. In the meantime, document everything she says and your response. Stay professional in all interactions. Follow the chain of command and first go to her, and then administration before filing a DOJ complaint. Keep records until you decide how you want to proceed. I once went to the HR department over an issue and was fired in retaliation. Many employers get away with retaliatory behavior and in truth, if that happens it is not a place where you want to work.

 

[k9ophile]

There is no HR department. We are a small hospital and we don't have an HR dept. There is no grievance sytem to appeal to. Is my resume out there? Yes, of course it is. That being said, our area is economically depressed due to it being agriculturally based. All the farmers got hailed out and most are not replanting, so all the business are taking a hit. My boss and the administrator are close friends, so going to administration will result in retaliation against me. I could go to the county offices to talk to them--we are owned by the county.

Rural living has advantages and disadvantages. I'm sorry you're experiencing the latter. I agree with the suggestion of getting a letter from a doctor. I still have my handicapped placard after losing my weight. I've had my knee replaced, yet it still hurts me. I got my placard for my osteoarthritis. Yes, weight loss helped*, but I still have problems with my hips.

*My orthopedic "refused" to do my knee until I lost weight. He said I was young enough to wear it out unless I lost weight and revisions are more difficult than originals. He also told me if I wore out the second, I'd spend whatever life I had left in a wheelchair. I don't like sugar coating and he's an excellent surgeon.

 

[DianaCox]

Go to your doctor and get him to fill out another disability placard certification. Bring it to your boss and say "I understand you were concerned that I no longer qualified for disability parking accommodations. Here is an updated certification that should allay your concerns. You may think my disability was solely weight related, but it is not. And not all disabilities are visible. May I assume this will be the last time you mention this, or do I need to take this to another level to clarify the situation? If so, I'll just further assume you meant your admonition as a compliment on my weight loss, and say thanks."

 

[Susan in Tennessee]

Great reply!

 

[CaraOC]

I don't know what would be best to do about that. I was in a similar situation and bitched loudly about it right here. I tried lots of things to try and get my fucktard manager off my arse and nothing seemed to work. In fact, it just got worse so I went out on disability to have my hernia repaired and only yesterday submitted my resignation to the chief cheese at HR. I clearly stated in my letter that I didn't wish to change jobs but was being forced due to the constant harassment. I have documentation that I had went to HR in 2015 about this situation so I just told them I couldn't fix it. It didn't stop and now I quit. My hospital is having a horrible time with nursing turn over so maybe they will start fixing the problems. I'm not even going to work my notice. I gave two weeks but I'll staying out on medical till I start my new job on the 24th. I'm pissed about the situation but screw them cause they are shooting themselves in the foot with all their crap.

 

[Susan in Tennessee]

There is no HR department. We are a small hospital and we don't have an HR dept. There is no grievance sytem to appeal to. Is my resume out there? Yes, of course it is. That being said, our area is economically depressed due to it being agriculturally based. All the farmers got hailed out and most are not replanting, so all the business are taking a hit. My boss and the administrator are close friends, so going to administration will result in retaliation against me. I could go to the county offices to talk to them--we are owned by the county.[/QUOTE

I don't know what would be best to do about that. I was in a similar situation and bitched loudly about it right here. I tried lots of things to try and get my fucktard manager off my arse and nothing seemed to work. In fact, it just got worse so I went out on disability to have my hernia repaired and only yesterday submitted my resignation to the chief cheese at HR. I clearly stated in my letter that I didn't wish to change jobs but was being forced due to the constant harassment. I have documentation that I had went to HR in 2015 about this situation so I just told them I couldn't fix it. It didn't stop and now I quit. My hospital is having a horrible time with nursing turn over so maybe they will start fixing the problems. I'm not even going to work my notice. I gave two weeks but I'll staying out on medical till I start my new job on the 24th. I'm pissed about the situation but screw them cause they are shooting themselves in the foot with all their crap.

Cara, good for you! Do you mean a totally different job in a different facility or internal job change? I'm thinking different facility but wanted to be clear. I bet you feel like a load has been lifted from your heart and shoulders. HR works FOR the facility and I think they are always on the facilities side at the bottom line and one needs to remember that. I'm happy for you!

 

[CaraOC]

Cara, good for you! Do you mean a totally different job in a different facility or internal job change? I'm thinking different facility but wanted to be clear. I bet you feel like a load has been lifted from your heart and shoulders. HR works FOR the facility and I think they are always on the facilities side at the bottom line and one needs to remember that. I'm happy for you!

Thank you Susan !! Yes it's a completely new hospital which is right here in Orange County.. I'm sad to leave my job though. What I do is very specialized, because I'm a NICU nurse but within NICU I'm a cardiac nurse and a therapeutic hypothermia nurse and those specialties are not in all NICUs because I have to work in larger advanced level 4 and 5 hospitals. I will be going to a Level 3 NICU so I'll be taking care of babies as a more general NICU nurse. Does that even make sense? Anyway, they are paying me more so all is good.

 

[Toya C]

I'm really frustrated. For years, I have been labeled as disabled by my doctor due to severe osteoarthritis in both knees and hip joints, 60% loss of use of my right arm, and fibromyalgia. Furthermore, I have balance issues and I fall easily. I have a handicapped plackard and plates issued by the state allowing me to park in handicapped spaces. Yesterday at work, my boss informed me that I can no longer park in the handicapped spaces at work. She said that since I've lost so much weight, I no longer need a handicapped space. Granted, I am getting around better since I lost 95 pounds, but the underlying disability did not go away. I am still disabled and by law I am able to park in a handicapped space. I did not argue with her because she has a history of discrimination against handicapped individuals and when someone argues, she retaliates by cutting hours or making your life miserable. She also lies and claims that the directives come from administration--most of the time it doesn't. If you ask administration and she finds out--retaliation. I'm wondering if I should file a complaint with the Department of Justice under the Americans With Disabilities Act. If I do this, it will go against the hospital I work for. If it is from administration, a formal complaint is warranted. If it's not from administration and she lied to me saying it was, the hospital is in trouble for something she did on her own and lied about. I just don't know what to do.

@Psychomom, your boss sounds like a pill & frustrating but the reality is her words do not nullify your state issued handicap placard/tag. Legally she cannot tell you to stop parking in handicap spaces.....she has the right say anything she wants as you have the right to ignore her and continue parking in the designated areas.

You know your work environment and the level of hostility you are willing to deal with but I would simply recommend not following her directive with no further discussion. You cannot be issued a citation, get booted or towed as long as you handicap tags.

 

[Susan in Tennessee]

Thank you Susan !! Yes it's a completely new hospital which is right here in Orange County.. I'm sad to leave my job though. What I do is very specialized, because I'm a NICU nurse but within NICU I'm a cardiac nurse and a therapeutic hypothermia nurse and those specialties are not in all NICUs because I have to work in larger advanced level 4 and 5 hospitals. I will be going to a Level 3 NICU so I'll be taking care of babies as a more general NICU nurse. Does that even make sense? Anyway, they are paying me more so all is good.

Yes, it made sense. Thanks for taking time to explain it to me. I really hope you love the new hospital and co-workers and that they appreciate you and your warped humor!

 

[writegirl]

I would do as @DianaCox recommended, but I would also hit the "record" button on my cellphone while having that conversation with her. Be sure to say her name after you hit record and if she dares to continue her discrimination against you, use that recording to lawyer up and speak to whichever head administrator is at the top of the food chain there. You don't ever have to take that kind of crap from anyone you work for--not ever. And, if you don't want to go with the visit to your doctor to update your disabled status, simply engage her in conversation about what she said to you earlier and hit record. Tell her you would like more clarification about why she is instructing you to not park in the handicapped spot despite your doctor prescribed and state/county issued handicapped parking placard. Get her to blurt her discriminatory stupidity again, just do it while recording her.

 

[southernlady]

I would do as @DianaCox recommended, but I would also hit the "record" button on my cellphone while having that conversation with her. Be sure to say her name after you hit record and if she dares to continue her discrimination against you, use that recording to lawyer up and speak to whichever head administrator is at the top of the food chain there. You don't ever have to take that kind of crap from anyone you work for--not ever. And, if you don't want to go with the visit to your doctor to update your disabled status, simply engage her in conversation about what she said to you earlier and hit record. Tell her you would like more clarification about why she is instructing you to not park in the handicapped spot despite your doctor prescribed and state/county issued handicapped parking placard. Get her to blurt her discriminatory stupidity again, just do it while recording her.

Be careful recording anyone without their knowledge. Can backfire in many states.

What I would do is ask her to put it in writing. If she won't then tell her you will follow federal/state law that says you may park in a HC spot with a hang tag or plate issued to you.