Disability and Work

[Larra]

My very limited legal knowledge comes from The People's Court, but apparently recording someone without their knowledge and consent is illegal in some states. So if you are thinking about this approach, check to make sure it's legal in your state first. It's not something I would do in these circumstances even if legal, but that's just me.

 

[southernlady]

Texas has some interesting takes on it...I found the law on it. http://guides.sll.texas.gov/recording-laws
But I would still steer away from recording someone. Just make her state in writing that you are not allowed. If she refuses, she is talking out the top of her empty head.

 

[hilary1617]

I recommend documenting the conversation and any similar inappropriate conversations as they happen - time, date, concise notes - for future HR/legal purposes if ever needed. Once there is a documented pattern of behavior, you will be in a stronger position to act.

As to the parking itself, I recommend you simply continue to park where you are legally entitled to park and which is best for your health - in the handicapped spot. If criticism comes up again you respond that you would prefer not to discuss personal health matters as these are private and you are not seeking any special work accommodation, which would be the only reason she would have a need to know. Then, document the inappropriate conversation. No need to explain to her or anyone why you have a placard or seek further medical validation / justification. Don't allow her the satisfaction of putting you on the defensive.

 

[JKap19]

Don't the HIPAA laws come into play here as well? She doesn't legally have to explain any of her health conditions to her employer. Having a handicapped placard is part of her medical treatment plan and should be of no concern to her company.

 

[southernlady]

The reason I suggested she get it in writing from the person stating this is that then she has written ammunition in a disability complaint if needed.

Since the person is already aware that she has a HC placard, asking for the "order" in writing is not going to disclose anything not already disclosed.

 

[Charris]

as long as you have it issued you don't have to say anything to her. I have had my permanent placard and plates since I was 16 years old. It wasn't weight related it's do to lung compacity. My job gave me problems when I changed job sites. Thanks to Spiky and Diana they cut it out quick

 

[Spiky Bugger]

BTW...one thing I learned is that nobody else, including an employer, gets to choose your disability equipment/ accommodations. IOW, if your wheelchair doesn't fit down the aisle at the cube farm, they don't get to decide that you should use a walker instead.

Likewise, they need only make reasonable accommodations. So, even though the second floor offices have a really good view, they probably will not be forced to install an elevator for you. But they may have to provide you with an office on the ground floor that has an unobstructed path to the parking lot...even though the manager's sister has had that office for years and doesn't want to move.

 

[Charris]

I was told by a judge here in AZ that I could record anyone anytime I wanted to as long as it was not for personal gain. I record darn there everything

 

[Spiky Bugger]

I was told by a judge here in AZ that I could record anyone anytime I wanted to as long as it was not for personal gain. I record darn there everything

Those laws are state laws. In CA, on phones, both parties must consent.