Possible workplace discrimination to mental illness

March 20, 2009 8:43 AM

What should I do about possible discrimination to mental illness with my current employer?

Let me just start by saying I realized that the economic slump has made it hard for many people to keep a job or find one, and my employer recognizes this too.

We recently had a major lay off, around 130 people of our 400 person workforce was cut. In this cut some people were moved to new locations in the building.

When I was hired and up until the lay offs I had an office, with a desk, that wasn't exactly 'in the contract' (I'm not contracted), but it was a stated in the interview and when I was hired.

I suffer from clinical depression, about three years ago I had a family member be murdered in the work place, shot three times in the back of the head. When we were moved as a result of layoffs, etc I was placed into a room with five other people; and my location put me in the room placed me in a corner with my back to the door, along the main hallway of our workplace. And no the door doesn't close.

It drove me nuts, paranoia crazy. This isn't exactly my employers fault, I understand their side. I went to my psych. and explained everything and they put me on some meds to help it. They weren't helping, so I then went to my employer and explained everything, many occasions, and they went ignored.

Eventually it came to the point where I did a lot of my work from home only being in the office 4 - 6 hours a day. Mind you I still produced about 50 hours of work a week. Then one day I am called into my boss's office. I am given a warning and told if I do not physically be at my desk for at least eight hours a day I would be fired.

I was floored, I explained to them and HR rep who was in the room everything I had been conveying and it went ignored. They said tough, sit there eight hours or be fired. I showed them the ADA, and they took it to legal, then came back and moved me to a new location...which is all I wanted.

However, now they haven't stopped harassing me. First they explained that I would be monitored coming and going on video, which is fine with me, I have nothing to hide and they can use their equipment however they would like with in reason.

But then they said I would be forced to use a biometric punch clock and if I refuse, I would be terminated. (Mind you I'm salary and have never punched a clock ever).

I explained to them that I wouldn't start punching a clock and be punished for something unless EVERYONE had to punch a clock. They again went to legal and came back and pulled that off the table.

Afterward a few managers made it clear to me in not so many certain terms that they will 'find a way to make me quit'.

Here's the thing. I know ultimately this is just all extremely crazy (no pun intended). I have no qualms about being in my chair eight hours a day, I don't think anyone should unless there are circumstances stating so. But I explained to them on more than one occasion my issues with where I was sitting and why, and even had medical documentation that stated my issue.

I can't just up and quit, I have a family to support. However, since the issues with my employer things have been awful. I do now sit in a cube, not in a room in the main hallway with my back facing the door, but all my work duties have been taken away. I am no longer put on any calendar invites for things and no one hands me out work. I sit here eight hours a day doing absolutely nothing. (It's not as fun as some would think it is, I have limited internet access and reading a book at my desk would be a huge no no).

On one hand I feel guilty, that I've done something wrong and if I quit (I also wouldn't be eligible for any type of government assistance (i.e. unemployment) I'm simply telling my family I can't support them for a short time because I can't sit my bottom in a chair and get paid to do nothing for eight hours a day.

But the other hand I feel like the company is now making me miserable after I pointed out their issues.

I did file a complaint with the EEOC, but that will take months, and it's not as if they will do much. Also the EEOC notifies my employer of the complaint including my name, and I've informed my employer I filed a complaint with the EEOC, not sure if they took me serious, they asked for a copy of it and I told them it would come from the EEOC.

What should I do?

posted by anonymous to work & money (14 comments total)

Man, that really sucks. I'm sorry to hear that the company is treating you like that.

In addition to the EEOC complaint, I think you should go to your state workforce commission. They should also handle discrimination complaints, and maybe they'll handle it quicker.

And also, sorry, but it sounds like you should get a lawyer. Others here will have more info on this, but there might be someone who handles it at low- or no cost because of the mental health issue.

Another possible avenue: Check to see if your state has an assistance to victims of crime program, and see if they provide survivors with any benefits. You might be able to get some help that way. (Legal help, if not additional psychiatric help.)
posted by mudpuppie at 9:03 AM on March 20 [1 favorite]

Agree with mudpuppie: if you believe your job is at risk or you are subject harassment, discrimination, or hostility at work in violation of your rights (not saying one way or another myself) then you should use the resources offered by your state and consult with an employment attorney to further explain your rights or to determine if they might represent you in a dispute with your employer. Generally legal disputes are costly, include some substantial degree of risk, and should be considered carefully. Consulting with counsel or agencies may give you a better idea of how to go forward; mefi probably cannot provide that level of assistance (no offense mefites).
posted by unclezeb at 9:27 AM on March 20

Honestly, I'd spend all that free time looking devotedly for a new job. They have made it clear that they really, really want you out; that is not going to change and they're going to make your life as difficult and miserable as they possibly can for as long as you work there. I've worked, unfortunately, for places where the default firing strategy is to make the undesired employee so unhappy that they quit. It's never pretty from any angle and it's a horrible situation to be in. Stick it out as long as you can but look for another job like crazy.
posted by mygothlaundry at 9:31 AM on March 20 [3 favorites]

I would see if employment laws in your area have something called 'Constructive Dismissal', which is (in very simple terms) where your employer behaves in a way that forces you to quit, which I think you would have a strong case for here.

It sounds like they've talked to legal who have advised against firing you. As a first step I would approach your boss and plainly ask what they expect you to do all day since they've taken away your work duties.

If he doesn't give a helpful/useful answer or any work to do and reading a book is out of the question, how about writing one? Its something to do.
posted by missmagenta at 9:32 AM on March 20 [1 favorite]

Great job advocating for yourself, and getting the accommodation of being moved. (That's actually a common request from some of our DV clients because of PTSD.) Be sure you keep any paperwork about that. You should talk to a lawyer. Check your state's NELA (National Employment Lawyers Association) chapter.
posted by ClaudiaCenter at 9:38 AM on March 20

IANYL, but I am a lawyer and employment discrimination happens to be one of my specialties. That being said, go see a lawyer in your area. What you are facing here sounds like classic retaliation for enforcing your rights under ADA. You asked for reasonable accommodation, were given it grudgingly and have since faced the loss of your workload and the respect and status you once held in the office.

As for the boredom you face: if possible, download a digital reader and book to a flash/thumb drive. At work, plug the drive in and read the book. You're staring at your monitor, so it looks like you're working. Just keep an eye out and click over to a spreadsheet/other work related thing if someone comes by. Not as cheap as reading a paper book, but the cost might be worth it to ease the boredom. Also, if you have a DVD drive on the computer, start watching movies, just use headphones!
posted by LOLAttorney2009 at 9:39 AM on March 20 [1 favorite]

Just keep an eye out and click over to a spreadsheet/other work related thing if someone comes by.

Just FWIW, if they're not giving him/her any work they know that whatever he/she's doing can't possibly be work related.
posted by missmagenta at 9:45 AM on March 20

If he doesn't give a helpful/useful answer or any work to do and reading a book is out of the question, how about writing one? Its something to do.

This is brilliant, except for the probably horrific environment and the bad mood it is no doubt promoting in Anonymous. I can't imagine writing under those circumstances unless I took a few uh, smoke breaks, during the day.

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posted by General Tonic at 10:21 AM on March 20

This isn't an answer to your question, but it's a link to some very useful anti-stigma mental health ads. Having suffered from depression myself and been hospitalized, I appreciate the humor in them. Hope they make you smile too.

http://www.cprf.ca/media/popup_07.html

(the one about the worker in the office is http://www.cprf.ca/media/images/time_off_60.mp3)
posted by jmmpangaea at 10:42 AM on March 20

Talk to a lawyer immediately. These sorts of cases are often subject to very short statutes of limitations and if you delay you run the risk of losing right to pursue your case due to a technicality.

Has this sort of harrassment happened to other employees as well? If I were you I'd try and find out. One case of this can fall through the EEOC cracks, but if this has happened before then it's a pattern.
posted by bshort at 10:43 AM on March 20

I am enormously impressed by the rational and brave steps you've taken against being disrespected by those insensitive asshats. (Unspeakably insensitive.) I agree with other replies but suggest using your 8 hours of downtime to find a lawyer and find a new job, both, simultaneously. Fast. And when you have your new job, call up your local news media and expose these creeps for what they are. Best of luck.
posted by scratch at 10:56 AM on March 20 [1 favorite]

I just wanted to say I'm also really impressed with the way you've kept your cool, and good luck.
posted by bettafish at 11:32 AM on March 20

First: These people are going out of the way to shit on you, in the face of one of the few real employment protections that we have left in the US. Good for you for standing up for yourself.

Second: Document, document, document. Since you've got nothing else to do, you should be keeping a detailed log of every minute of every work day. When you arrived, when each task was assigned to you, when it was completed (these sound like they're few and far between), when you go to lunch, or on a break, or home for the day. Log every phone call - who called you, what they wanted to talk about, and when they called. You need to be a totally compulsive CYA artist. This documentation could end up being critical later on if they try to find another BS reason for firing you.
posted by deadmessenger at 11:39 AM on March 20 [2 favorites]

Nth-ing talk to a lawyer, and look for a new job. It sounds like your employers are horrible human beings.

Regarding the advise about reading an ebook, it is technically possible for your company to monitor your computer use—both web browsing and any ebook reading you might be doing on you local computer. If they are monitoring your computer sessions, they could use such activities as a pretext to fire you. On the other hand, unless some human spends all day actively watching your computer session, you could probably get away with reading Project Gutenberg books that you brought in on a thumb drive or writing a novel in your word processor. Both those activities are harder to automatically monitor than web browsing or playing minesweeper.

If it's acceptable in your workspace to wear headphones, you have a world of opportunities: listen to podcasts or NPR, learn foreign languages, or listen to audio books of all the classics you never read in school.

This reminds me of the rubber room story on This American Life.
posted by paulg at 7:28 AM on March 21