I got busted at work
Jan. 4th, 2013 08:34 am![[personal profile]](https://www.dreamwidth.org/img/silk/identity/user.png)
I was processing the defense to a claim against my Agency, Facts:
1. For the position, there is training you must take, and a test you must pass, to qualify. The test is validated etc., negotiated with the Union, very legal. You get 2 tries to pass the test. You fail the 2nd time, that's it. You be done.
2. Employee was probationary, as in they can be fired for any reason (or really no reason, but not for a discriminatory reason)
3. Employee failed the test and the 2nd test.
4. Employee was issued a termination notice, but the local supervisors allowed her to turn in a written resignation "prior to delivery." (I doubt that's what happened but the more likely option is even more employee friendly so who cares)
5. Employee filed a complaint of discrimination:
leading to disputed fact - whether complainant made any communication which the Agency should have interpreted as either a request for accommodation OR obligated it to engage in the interactive process required under interpretations of the statute
Basis: failure to accommodate disability of "test anxiety disorder"
Seriously, I get paid for this.
Why was I busted?
Research finds test is validated, alleged disability fails to meet standard of disability or perceived disability under even new ADAAA, condition doesn't appear documented, no accommodation request received nor identified in pre-employment paperwork,
Then
I found the written doctor's letter notifying the Agency of the alleged disabling condition.
It was issued AFTER employee failed the test the 2nd time.
On finding that paperwork I popped my hand up \m/ and headbanged in the office.
A coworker saw this and too the time to walk up to me and mock me. I didn't blame him.
1. For the position, there is training you must take, and a test you must pass, to qualify. The test is validated etc., negotiated with the Union, very legal. You get 2 tries to pass the test. You fail the 2nd time, that's it. You be done.
2. Employee was probationary, as in they can be fired for any reason (or really no reason, but not for a discriminatory reason)
3. Employee failed the test and the 2nd test.
4. Employee was issued a termination notice, but the local supervisors allowed her to turn in a written resignation "prior to delivery." (I doubt that's what happened but the more likely option is even more employee friendly so who cares)
5. Employee filed a complaint of discrimination:
leading to disputed fact - whether complainant made any communication which the Agency should have interpreted as either a request for accommodation OR obligated it to engage in the interactive process required under interpretations of the statute
Basis: failure to accommodate disability of "test anxiety disorder"
Seriously, I get paid for this.
Why was I busted?
Research finds test is validated, alleged disability fails to meet standard of disability or perceived disability under even new ADAAA, condition doesn't appear documented, no accommodation request received nor identified in pre-employment paperwork,
Then
I found the written doctor's letter notifying the Agency of the alleged disabling condition.
It was issued AFTER employee failed the test the 2nd time.
On finding that paperwork I popped my hand up \m/ and headbanged in the office.
A coworker saw this and too the time to walk up to me and mock me. I didn't blame him.
no subject
Date: 2013-01-04 02:10 pm (UTC)no subject
Date: 2013-01-04 03:03 pm (UTC)