Work laws for the disabled? Anyone know?

[leftyladyfrommo]

I have a good friend who works for a large grocery chain - and has worked there for 10 years. He is disabled. He can't read or write and is on some kind of strong meds for depression. If he is not on meds he just sits like a lump and becomes suicidal.

He takes care of the carts and bags up front and does some stocking.

The store just got a new manager. And this asshole just told him that he could be depressed on his own time but while he is in the store he must be cheerful and greet all customers. Or he will be out the door.

Since he has trouble with depression and paranoia this discussion has really sent him into a tailspin.

Since he has always been disabled could the store really just fire him like this man threatened?

[rurallib]

1. Just a guess on my part, but I would call your state's civil rights division

No doubt there are rules of some type.

[leftyladyfrommo]

2. He is going to talk to his doctor tomorrow.

He should know the law - I hope.

This is kind of like telling a crippled person to just be crippled on their own time. While they are working they are expected to walk just like anyone else.

I am sick about this. This guy has spent his whole life with serious mental problems.

I'm out of time on the library computer but I will check in tomorrow to see if we got any good ideas from people. Thanks so much.

[JAnthony]

4. See my post below about the doctor talking to the manager..n/t

[JAnthony]

3. Sure! Any employee can be fired for almost any reason, in most

states... BUT, this isn't really a legal issue yet, it's a human relations issue.

A call from the treating physician for your disabled friend to the store manager might go a long way in resolving this in a "teachable moment" kind of way for that insensitive arrogant ignorant manager.

If the manager feels threatened with legal action, he might just go into an agenda of keeping score of EVERY little human error your friend makes, so as to more quickly justify a firing.

Your friend was treated poorly by this guy, let's hope the manager is open to learning better management techniques.

[backscatter712]

5. Americans with Disabilities Act...

What this boss-from-hell is doing is illegal. Workplaces MUST make reasonable accommodations for people with disabilities.

My advice to him: Lawyer up. I don't know if there are attorneys or organizations that can provide legal assistance for him. Perhaps a cease-and-desist on attorney's letterhead will get this boss to change his tune.

[CreekDog]

6. ADA requires reasonable accomodation

look into it.

[WingDinger]

7. Three days out on stress leave, would document the process.

Then, it would set grounds for suing their pants off, if they retaliate. Sometimes, it is better to go proactive. When you know you have an enemy. With a note upon return, that he needs this accomodation, according to ADA. They will have been put on adequate notification of their culpability. With your friends stated desire to do the best job he can.

[county worker]

8. I have a similar situation. I have depression, anxiety and ADHD

All my mental illnesses are covered under the Americans with Disabilities Act.

My employer makes it so hard to prove that I have limitations that require accommodations that the ADA might as well not exist.

Read the ADA and the section about mental illness.

Like most laws these things have good intentions but employers are taught how to get around them. Unless you can afford an attorney and afford the court costs if you lose you are basically screwed.

[leftyladyfrommo]

9. Thanks for the answers.

He goes to see his doctor tonite - will see what happens.

He is really trying to be cheerful.