Wednesday, June 10, 2009

eczema, skin disorders, discrimination

this is scheduled to go onto my other blog tomorrow, the other one being the mostly psoriasis, eczema, autoimmune disorder, hormones or anything having to do with alternative medicine that I find interesting blog...

I received a phone call this evening from a relative.  Her husband has eczema.  He works at Starbucks.  He is required to keep his hands clean.  {we hope right!}  Due to his eczema he has prescription cleansers and disinfectants that he uses to keep his hands clean.  His immediate supervisor at work has repeatedly thrown out his prescription cleansers and demanded that he use the cleansers provided by Starbucks.  He has provided this supervisor with a doctor's note.  This evening the supervisor wrote him up for not meeting hygienic standards, sent him home and told him that he would be contacted by Starbucks's legal representative tomorrow.  He should not return to work until told to do so.

My relative wanted to know if I have ever received such treatment and did I know what could be done about it?

I went surfing at the National Psoriasis Foundation.
and found the following:

Although the National Psoriasis Foundation does not provide legal advice, we have put together basic information about the Family and Medical Leave Act (FMLA) and the Americans with Disabilities Act (ADA). These two pages can point you in the direction of powerful information that will help with most employment related issues.

Discrimination and FMLA rights
Discrimination and ADA rights
External links

U.S. Department of Labor: Family and Medical Leave Act
U.S. Department of Justice: Americans with Disabilities Act
U.S. Department of Labor, Office of Disability Employment Policy
What to do if you think you have been discriminated against.
US Equal Employment Opportunity Commission (EEOC)
This Web site can provide you with additional information on discrimination due to a disability and how to file a discrimination charge.

If you follow the link to the United States Department of Labor "What to do if you think you have been discriminated against" you find: STEP 1:

Investigate the laws that prohibit employment-related discrimination on the basis of disability. Note which laws cover public sector employers, which cover private sector employers, and the applicable time limits for filing claims. The primary laws include:

  • Title I of the Americans with Disabilities Act (ADA) (P.L. 101-336) prohibits private sectoremployers (including employment agencies and labor unions) and state and local government agencies that employ 15 or more individuals from discriminating against qualified individuals with disabilities in all aspects of employment. Title II of the ADA provides the same protection to employees of state and local government agencies regardless of the number of employees such agencies employ. Persons who have been discriminated against on the basis of a perceived disability or record of having a disability also are covered by the ADA.

If you follow the link toDiscrimination and ADA rights you'll find: ADA rights

Being considered "disabled" under the ADA is different than qualifying for disability benefits from the Social Security Administration. The Americans with Disabilities Act prevents your employer from discriminating against you if you can successfully perform the essential functions of your job.

Your employer must make a "reasonable accommodation" to your known disability if it would not impose an "undue hardship" on your employer's business. The law defines undue hardship as an action requiring significant difficulty or expense. The law takes into consideration an employer's size, financial resources, etc.

Examples of reasonable accommodation include: modified work schedules, extra leave (above and beyond sick leave), uniform/dress code changes, etc.

Learn more


Kristina P. said...

That supervisor is an idiot.

Jacqueline said...

Hello, following from MBC.
Check out

The Muse said...

How awful! Oh goodness I am not a supporter of frivolity in the courts...but this may demand legal intervention!

Meg said...

As a former HR lady...

Oh. Dear. God.

Yeah, so he needs to begin with the supervisor's supervisor (if he hasn't).

Next is his HR contact. Including getting them a copy of the doctor's note.

After that would be to contact a lawyer and the state department of labor.

This is not only harassment but also discrimination. There is not reason why he cannot use his own soaps and lotions. The idea of the company making a reasonable accomodation for him includes this. Regardless of what state he's in, is it reasonable for him to use his own soaps and lotions. Period.

I am most serious about this part:
HE MUST DOCCUMENT EVERYTHING. Each time the supervisor tossed out his soap, when he gave the doctor note, anyone he spoke with about this, copies of emails, save voicemails, EVERYTHING. Do it sooner rather than later.

Rae Ann said...

Sounds like his supervisor is a tool.

I'm following you from the MBC Under 100 Club. I look forward to reading more!

Dave King said...

That story is almost past belief! I would agree with Kristina P, but idiot does not seem strong enough.