|Me Again (RE: Whats next? July 19, 2004)
Aug 18, 2004
Nancy, Thank YOU again for all this information you have been providing me and others in this forum. I did persue this Failure to accomidate with the EEOC and a Charge was filed and an investigation was issued. In a response to the investigator, my employer gave alot of things that were not true, (IE like printing off management schedules, Showing the second request accomidation, ETC ETC. The schedules they printed and sent were STRAIGHT off the system and did not have me working longer than 12 hours AFTER the second request, BUT there were REVISED schedules in the store). I gave all this information to the investigator, and he asked "DID you tell them you were HIV positive?, I said "NO" I gave them a letter from my dr stating that i "registered 90% on Karnofsky's performance scale, and with my illness and medications that i am required to take, i should avoid exterme temperature changes to avoid side affects. AND i need to limit my work day to 12 to 16 hours a day or 60 hours in a single week" Was this not enough? I did not disclose my status but did verify my medical conditon for the accomidation. I recieved a letter today from the EEOC (dismissal and Notice of Rights) the area checked was :Based upon its investigation, the EEOC is unable to conclude that the information obtained establishes violations of status. This does not certify that the respondant is in compliance with the status." My question now is do i need to let it drop? or do i need to find an attorney? or what? The management that done this to me is still there and treating other people like crap, I currently have another job but I have no benefits with it, IE insurance. And if you suggest an attorney, what kind of attorney? Thanks again and may be this will be the last time i am writing to ya, I know you are a very busy person.
| Response from Ms. Breuer
How much is it worth to you to resolve this? What's the best possible (realistic) outcome? What does your health care provider think?
Only you can decide what to do next. If the only thing that could satisfy you is a cash settlement, then you'll need to talk with an attorney at an AIDS service organization, or one they refer you to in your area. The fee will be low to zero, depending on the arrangment the attorney has with the organization.
If you want to see the creep removed from a position of power over people, you may want something you cannot make happen under the present circumstances.
If you want to move forward, meet with a benefits counselor at the AIDS service organization and talk about how you can get some insurance coverage. That one is going to contribute more to your health.
In short, if you can smell a truly positive outcome, work with a lawyer who is a referral from your ASO to go after the creep. If you catch the whiff of revenge in yourself, you may contribute only to your own frustration and anger.
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