My question involves labor and employment law for the state of: New Mexico.
I have had cancer for many years and been able to successfully hold down a job with the same large company during these years. I have had excellent ratings consistently while undergoing treatments (surgery, chemo). Time off from work has been minimal and well within my company's allotment of sick leave. During this time, there were several inappropriate comments over the years ("people like you and M--- [also with cancer] are too expensive to the company") from management. I had to continue in this environment because I needed the medical insurance for cancer care, so I just tried to make the best of it.
Earlier this year I raised an EO complaint about discrimination against women. I was the only woman in my department; men were getting hired when there were qualified women who wanted the job; I'd noticed women weren't being interviewed for jobs, and when I asked my boss about this his response was that "girls don't like this kind of [work]". Another manager in this group had stated publicly in writing that women frequently were given different (lesser) assignments and paid less than the men. There definitely were some problems that needed fixing, and I'd hope this might get things moving in the right direction.
The EEO specialist said she investigated the claim in a larger group than mine (> 300 employees) and not specifically the subgroup I raised the issue about (< 80 employees). They said among the larger group the number of women was low but not out of line. I could not get her to look at my specific, smaller group. She further stated that my management had said "it didn't happen that way" and with that it was dismissed. I was told my company had a policy of non-retaliation but that "things happen".
After the complaint, I was labeled a problem by my boss. Despite years of top ratings, now I was told I'm a problem, but my boss refused to give any specifics. I have not missed much work due to cancer treatments, but about this time I unfortunately got very ill from a change in drugs and missed 3 weeks consecutively. This was excused and well within my company's very generous sick leave policy. I arranged for coverage of my job while I was out, remained in contact with my customers, and put in the extra hours to get caught up when I returned to work. About this time my boss and I got several extremely positive feedbacks about me from the customer and people working with me, however, my boss still continued to label me a problem without specifics.
This week I was told by my boss I'm being removed from my group for "medical reasons" and that I didn't appear to be able to handle the work medically. I suspected this had to do more with retaliation and asked about that. I had been back at work for a month with no absences at this point. He reiterated that it was for medical reasons and not retaliation. I questioned him later that evening by email about why I was being removed when my performance was excellent by his own ratings, the company doctor had not recommended any change in my assignment, and I wanted to stay where I was.
He came to me a couple of days later and stated that I was correct that I could not be moved for medical reasons, but that he had "misspoken" and I was really being moved for business reasons. It rings hollow, and I suspect this is more about retaliation for the complaint than anything else. The new group is roughly equivalent, and I will be doing the exact same job. Just a change in manager and a move to a nearby location. My concern, however, is that the new group does not appear to be able to make a few minor accommodations for my disability that my current group can make and has made for years. I am the only one being "removed". Everyone else on the project is staying.
My questions are 1) if the new group cannot meet my need for accommodation, what recourse do I have? 2) Is there any effective way anyone can think of that I can help to prevent this kind of treatment happening to others in the future in my company? 3) Can I speak outside of my company without being fired about my experience of discrimination over the years? This would be done with the intention of educating other employers and helping workers with cancer succeed. I would not mention my company's name, but that would not be hard to figure out.
I feel so strongly about helping workers with cancer that I am prepared to leave my job to be able to speak freely if I need to now that I can purchase medical insurance under the ACA. There are many people who have survived cancer and are still working, and they deserve support and fair treatment.
Suggestions how to handle this situation?
I have had cancer for many years and been able to successfully hold down a job with the same large company during these years. I have had excellent ratings consistently while undergoing treatments (surgery, chemo). Time off from work has been minimal and well within my company's allotment of sick leave. During this time, there were several inappropriate comments over the years ("people like you and M--- [also with cancer] are too expensive to the company") from management. I had to continue in this environment because I needed the medical insurance for cancer care, so I just tried to make the best of it.
Earlier this year I raised an EO complaint about discrimination against women. I was the only woman in my department; men were getting hired when there were qualified women who wanted the job; I'd noticed women weren't being interviewed for jobs, and when I asked my boss about this his response was that "girls don't like this kind of [work]". Another manager in this group had stated publicly in writing that women frequently were given different (lesser) assignments and paid less than the men. There definitely were some problems that needed fixing, and I'd hope this might get things moving in the right direction.
The EEO specialist said she investigated the claim in a larger group than mine (> 300 employees) and not specifically the subgroup I raised the issue about (< 80 employees). They said among the larger group the number of women was low but not out of line. I could not get her to look at my specific, smaller group. She further stated that my management had said "it didn't happen that way" and with that it was dismissed. I was told my company had a policy of non-retaliation but that "things happen".
After the complaint, I was labeled a problem by my boss. Despite years of top ratings, now I was told I'm a problem, but my boss refused to give any specifics. I have not missed much work due to cancer treatments, but about this time I unfortunately got very ill from a change in drugs and missed 3 weeks consecutively. This was excused and well within my company's very generous sick leave policy. I arranged for coverage of my job while I was out, remained in contact with my customers, and put in the extra hours to get caught up when I returned to work. About this time my boss and I got several extremely positive feedbacks about me from the customer and people working with me, however, my boss still continued to label me a problem without specifics.
This week I was told by my boss I'm being removed from my group for "medical reasons" and that I didn't appear to be able to handle the work medically. I suspected this had to do more with retaliation and asked about that. I had been back at work for a month with no absences at this point. He reiterated that it was for medical reasons and not retaliation. I questioned him later that evening by email about why I was being removed when my performance was excellent by his own ratings, the company doctor had not recommended any change in my assignment, and I wanted to stay where I was.
He came to me a couple of days later and stated that I was correct that I could not be moved for medical reasons, but that he had "misspoken" and I was really being moved for business reasons. It rings hollow, and I suspect this is more about retaliation for the complaint than anything else. The new group is roughly equivalent, and I will be doing the exact same job. Just a change in manager and a move to a nearby location. My concern, however, is that the new group does not appear to be able to make a few minor accommodations for my disability that my current group can make and has made for years. I am the only one being "removed". Everyone else on the project is staying.
My questions are 1) if the new group cannot meet my need for accommodation, what recourse do I have? 2) Is there any effective way anyone can think of that I can help to prevent this kind of treatment happening to others in the future in my company? 3) Can I speak outside of my company without being fired about my experience of discrimination over the years? This would be done with the intention of educating other employers and helping workers with cancer succeed. I would not mention my company's name, but that would not be hard to figure out.
I feel so strongly about helping workers with cancer that I am prepared to leave my job to be able to speak freely if I need to now that I can purchase medical insurance under the ACA. There are many people who have survived cancer and are still working, and they deserve support and fair treatment.
Suggestions how to handle this situation?
Disabilities and Accommodation: Retaliation After a Complaint, and It May Cost Me an Accommodation for Disability
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