Accommodations at work

[undertheradar]

Since the OP is in California, there are so many laws involved. The best option for the OP would be to speak to her impacted co-workers and let them know that she has a valid reason for not filing in the bottom files. Only the impacted workers should be told and then things should be fine. A simple conversation with these folks should solve the entire issue. Since the one co-worker addressed, perhaps the others have been talking about it and didn't want to confront the OP.

 

[Lorelei Lee]

Since the OP is in California, there are so many laws involved. The best option for the OP would be to speak to her impacted co-workers and let them know that she has a valid reason for not filing in the bottom files. Only the impacted workers should be told and then things should be fine. A simple conversation with these folks should solve the entire issue. Since the one co-worker addressed, perhaps the others have been talking about it and didn't want to confront the OP.

No, no, no. I completely disagree. The laws are there to protect her privacy. the first person she needs to talk to is her boss, the second is her HR rep. Only then, and only if they think she needs to say something, would I bring the coworkers into the conversation.

 

[SAMCRO]

It wasn't right for the co-worker to yell at you and it shouldn't have happened either..... but

I am in the same position as I have some issues that don't allow me to do certain aspects of my job 100%. I know this causes my co-workers to have to pickup the slack for me. I in turn do "extras" in areas that I don't really have to so that I don't feel guilty/they don't feel resentful.

I would love to be able to perform 100% and they should be happy they are physically able too without any health issues, but anytime you bring human beings into the equation reason goes out the door.

I didn't have to communicate this to my co-workers, but I choose to so that I wouldn't find myself in the situation you are in.

Good luck I hope you get a satisfactory result to your problem.

 

[U2_rocks!]

I would have told my co-workers from the start, so I guess I can't relate. I would not have seen those medical issues as something that needed to be kept private, but then maybe I am naïve about the potential "dangers" of having that info out there.

 

[bedogged]

Big issues are being raised here. First off, if the 80 year old can't do her job, she should retire. Why do other people need to pitch in to help her? If she is getting a paycheck, she should be doing her job. If it is too much for her, perhaps there is something else there that she could do? We have an older woman (70's) at work, and she really needs to retire as she is not performing to the job standard. It is getting to be a safety issue. She has qualified for a pension, but doesn't want the decrease in her income, but she can't do the job she was hired for, even with accommodations.

Second - health issues should not be shared among co-workers. The supervisor should have made arrangements for the accommodations and that should be it. And since there is a file clerk (80 years old though) it seems there is a person who should be doing the filing as it is her responsibility.

Third - verbal abuse should not be tolerated in the workplace. Go to the supervisor, report what this woman said and did, and how she threatened you. Since you are disabled with accommodations, you are in a protected class of workers and she is in big trouble.

I agree with this. You are under absolutely no obligation to discuss your medical problems, disabilities, or accommodations with any of your co-workers. You need to speak to HR and document this confrontation.

 

[Lorelei Lee]

I would have told my co-workers from the start, so I guess I can't relate. I would not have seen those medical issues as something that needed to be kept private, but then maybe I am naïve about the potential "dangers" of having that info out there.

About nine years ago I was very ill.

My position with the company had a perk of "unlimited" sick days. Officially I could take as much sick time as I needed to, without explanation. Unofficially, though, my department management was concerned about sick leave abuse, and if you needed more that 6-8 sick days over the course of the year, you were expected to explain yourself.

I was on a leave of absence from my job for about 4 months, and was still being treated for the illness when I returned to work. I needed to be out of the office for treatment for several days every couple of weeks. So I told my manager what was going on.


I didn't tell my coworkers what was going on. They're not stupid, they all figured it out, but I just felt uncomfortable talking to them about it.

So you can imagine my surprise when I overheard my manager discussing my illness with one of my coworkers.

Made me very uncomfortable.



Which is why the laws about disability and accommodations in the workplace protect the employee's privacy and require the employer to protect the employee from harassment by coworkers with respect to the disability.

 

[Pakey]

I'm in CA and manage an HR dept. OP does not have to disclose anything to her co-workers, her supervisor, etc. She had the necessary paperwork from her medical provider and she has done her part to comply with the law. The employer agreed to make the reasonable accommodations necessary for her to continue to work there so the employer has done its part in complying with the law. Anyone's personal opinions on whether or not a condition should be disclosed is not relevant; the law states it does not have to be disclosed.

I do not know the OP's company policy on professionalism in the workforce. Yelling at a co-worker isn't against any government law and often isn't against company policy. It's hard to say without reading the particular employee handbook.

Harrassment training has nothing to do with work restrictions or accommodations.

Based on how I interpreted the original post, the co-worker was not threatening if all she said was that she would go to the union if anyone talked about her. She has the right to go to the union (she might look like an idiot for doing so, but it isn't against the law to do it). If she had said she was going to slash tires, yes, that would a threat.

I wasn't clear on the filing responsibilities as it sounds to me like the 80 year old woman is responsible for filing, regardless of anyone having restrictions. So I'm not sure why the OP's restrictions are even an issue here.

Without knowing the history of this work relationship, I would probably let it go. I can't tell if it was just someone having a bad day or not. If this co-worker has previously demonstrated unprofessional behavior and there is a policy preventing it, I would address that rather than the work restrictions. If the co-worker continues to harrass a fellow employee, then it becomes a situation where there could be claims of a hostile work environment and that certainly should be reported and dealt with.

 

[barkley]

About nine years ago I was very ill.

My position with the company had a perk of "unlimited" sick days. Officially I could take as much sick time as I needed to, without explanation. Unofficially, though, my department management was concerned about sick leave abuse, and if you needed more that 6-8 sick days over the course of the year, you were expected to explain yourself.

I was on a leave of absence from my job for about 4 months, and was still being treated for the illness when I returned to work. I needed to be out of the office for treatment for several days every couple of weeks. So I told my manager what was going on.


I didn't tell my coworkers what was going on. They're not stupid, they all figured it out, but I just felt uncomfortable talking to them about it.

So you can imagine my surprise when I overheard my manager discussing my illness with one of my coworkers.

Made me very uncomfortable.



Which is why the laws about disability and accommodations in the workplace protect the employee's privacy and require the employer to protect the employee from harassment by coworkers with respect to the disability.

absolutely-and California (where I believe the op lives) takes it a step further.

in 2001 AB 1856 was enacted which EXPANDED existing laws to make it illegal for co-workers to harass one another based on a disability (even one of a temporary nature) AND allows a person to bring suit not only against their employer but THEIR CO-WORKER as well (even if the co-worker has no supervisory relationship with the employee) for doing this.

the supervisor and/or hr need to know what has occurred so that they can take appropriate action. the co-worker is already guilty of harassment (told to stop-continued), if the employer fails to take action they are facilitating a hostile work environment.

I was a union member (rare management represented group) in California, supervised members of 2 different unions; and none of those unions would have supported the behavior of the co-worker in this situation. in fact-they would have been supportive of the harassed employee, even if she were not represented by a union (they want these laws enforced).

 

[Lorelei Lee]

I'm in CA and manage an HR dept. OP does not have to disclose anything to her co-workers, her supervisor, etc. She had the necessary paperwork from her medical provider and she has done her part to comply with the law. The employer agreed to make the reasonable accommodations necessary for her to continue to work there so the employer has done its part in complying with the law. Anyone's personal opinions on whether or not a condition should be disclosed is not relevant; the law states it does not have to be disclosed.

I do not know the OP's company policy on professionalism in the workforce. Yelling at a co-worker isn't against any government law and often isn't against company policy. It's hard to say without reading the particular employee handbook.

Harrassment training has nothing to do with work restrictions or accommodations.

Based on how I interpreted the original post, the co-worker was not threatening if all she said was that she would go to the union if anyone talked about her. She has the right to go to the union (she might look like an idiot for doing so, but it isn't against the law to do it). If she had said she was going to slash tires, yes, that would a threat.

I wasn't clear on the filing responsibilities as it sounds to me like the 80 year old woman is responsible for filing, regardless of anyone having restrictions. So I'm not sure why the OP's restrictions are even an issue here.

Without knowing the history of this work relationship, I would probably let it go. I can't tell if it was just someone having a bad day or not. If this co-worker has previously demonstrated unprofessional behavior and there is a policy preventing it, I would address that rather than the work restrictions. If the co-worker continues to harrass a fellow employee, then it becomes a situation where there could be claims of a hostile work environment and that certainly should be reported and dealt with.

I think the coworker harassed the OP about her disability by yelling at her and telling her she could do work that clearly her disability prevents her from doing. Don't you think that should be nipped in the bud?

 

[bedogged]

absolutely-and California (where I believe the op lives) takes it a step further.

in 2001 AB 1856 was enacted which EXPANDED existing laws to make it illegal for co-workers to harass one another based on a disability (even one of a temporary nature) AND allows a person to bring suit not only against their employer but THEIR CO-WORKER as well (even if the co-worker has no supervisory relationship with the employee) for doing this.

the supervisor and/or hr need to know what has occurred so that they can take appropriate action. the co-worker is already guilty of harassment (told to stop-continued), if the employer fails to take action they are facilitating a hostile work environment.

I was a union member (rare management represented group) in California, supervised members of 2 different unions; and none of those unions would have supported the behavior of the co-worker in this situation. in fact-they would have been supportive of the harassed employee, even if she were not represented by a union (they want these laws enforced).

Thank you for this accurate and informative post.

 

[SharonZ]

Because I work at a law firm, I would address this situation with HR, not the co-worker. Did the OP mention whether her situation was going to be permanent, or not?

 

[Gumbo4x4]

I think the coworker harassed the OP about her disability by yelling at her and telling her she could do work that clearly her disability prevents her from doing. Don't you think that should be nipped in the bud?

The coworker doesn't know the disability exists, and you're saying OP should not disclose that.

HR can step in and tell everyone to leave it alone, but as long as the other employees are in the dark they will continue to resent OP, they will continue to speak badly of her (at least amongst themselves), and they more than likely will continue to be hostile toward her, even if in a less aggressive fashion.

Personally, I'd much rather my coworkers knew I had a disability than to think me a slacker who dumps my work on someone else.

 

[Lorelei Lee]

The coworker doesn't know the disability exists, and you're saying OP should not disclose that.

HR can step in and tell everyone to leave it alone, but as long as the other employees are in the dark they will continue to resent OP, they will continue to speak badly of her (at least amongst themselves), and they more than likely will continue to be hostile toward her, even if in a less aggressive fashion.

Personally, I'd much rather my coworkers knew I had a disability than to think me a slacker who dumps my work on someone else.

OP disclosed the disability to the coworker during the conversation, at which point coworker told OP that OP could, in fact, do the filing despite her disability.

 

[bedogged]

The coworker doesn't know the disability exists, and you're saying OP should not disclose that.

HR can step in and tell everyone to leave it alone, but as long as the other employees are in the dark they will continue to resent OP, they will continue to speak badly of her (at least amongst themselves), and they more than likely will continue to be hostile toward her, even if in a less aggressive fashion.

Personally, I'd much rather my coworkers knew I had a disability than to think me a slacker who dumps my work on someone else.

You certainly may reveal any personal information about yourself that you choose to. Personally, I think this falls under none of their business.

 

[Poohforyou]

I actually wouldn't have even engaged in a conversation with a coworker about my job responsibilities and there's no way I would tolerate being yelled at by anyone at work. If a coworker doesn't think I'm pulling my weight and/or they're doing more than they should they need to take it up with management.

I'm lucky I work with professional who care about one another and will pick up the slack if someone is having a temporary personal issue.

 

[cluvsdisney]

I actually wouldn't have even engaged in a conversation with a coworker about my job responsibilities and there's no way I would tolerate being yelled at by anyone at work. If a coworker doesn't think I'm pulling my weight and/or they're doing more than they should they need to take it up with management.

I'm lucky I work with professional who care about one another and will pick up the slack if someone is having a temporary personal issue.

ITA...if someone started yelling at me about doing the work for a third co-worker, I'd walk away from them. If it's a problem that the 80 year old woman can't do her job, then the co-worker should have gone to her supervisor and let them handle it through mgmt. If she chooses to pick up the slack of the 80 year old lady, that's on her and she has no business demanding other people help her do someone else's job.

 

[Gumbo4x4]

OP disclosed the disability to the coworker during the conversation, at which point coworker told OP that OP could, in fact, do the filing despite her disability.

I am unclear as to whether she simply talked about her issue or if she explained that her issue has been cleared by both HR and medical professionals.

 

[Gumbo4x4]

You certainly may reveal any personal information about yourself that you choose to. Personally, I think this falls under none of their business.

MYOB is all well & good, but it doesn't solve the issue.

 

[Lorelei Lee]

I am unclear as to whether she simply talked about her issue or if she explained that her issue has been cleared by both HR and medical professionals.

I don't think that really matters.

But the OP said to her coworker that "someone" had a medical accommodation and didn't have to do the filing, and later said to the coworker that the OP was the one with the accommodation. that's when the coworker told the OP that "anyone" could do the filing, regardless of medical accommodation.

 

[U2_rocks!]

About nine years ago I was very ill.

My position with the company had a perk of "unlimited" sick days. Officially I could take as much sick time as I needed to, without explanation. Unofficially, though, my department management was concerned about sick leave abuse, and if you needed more that 6-8 sick days over the course of the year, you were expected to explain yourself.

I was on a leave of absence from my job for about 4 months, and was still being treated for the illness when I returned to work. I needed to be out of the office for treatment for several days every couple of weeks. So I told my manager what was going on.


I didn't tell my coworkers what was going on. They're not stupid, they all figured it out, but I just felt uncomfortable talking to them about it.

So you can imagine my surprise when I overheard my manager discussing my illness with one of my coworkers.

Made me very uncomfortable.



Which is why the laws about disability and accommodations in the workplace protect the employee's privacy and require the employer to protect the employee from harassment by coworkers with respect to the disability.

I guess if I had an illness I was embarrassed by I would want no-one to know, but in the injury scenario the OP presented I can't imagine why I would care who talked about it. I guess that's why I can't relate to this situation.