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Discrimination or health issue? - 7/20/2008 6:03:45 AM   
MissSCD


Posts: 1185
Joined: 3/10/2007
Status: offline 		Here is a question to the old debate of women verses men in the work place.
I am 49 years old.  I was in the military.  I have a degree.
In 2004, I got sick.  I had a viral infection which robbed my hearing.   I lost 70 percent hearing in both ears.
The right side is back to 100 percent.  The left side is still around 50 percent.  I am also bipolar level 2.
Why did I post this?  I am really upset with my boss.  She has been good to me for the past two years; however, she has hired a bunch of men.  She promotes men ahead of me and I know she doesn't understand this illness.  I am just as good as they are except for unloading the truck.   I can do it.  It takes me a little while longer on that, but everything else, I can beat them on.   They won't keep the place clean. 
I am going to talk with her about it again, but it doesn't work.  In the meantime, I am stuck at my job until the economy breaks.  
I am going to try and transfer out of this store into another one because I cannot advance there.
Is it discrimination?  I think it is.

Regards, MissSCD
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RE: Discrimination or health issue? - 7/20/2008 6:25:39 AM   
stella41b


Posts: 4258
Joined: 10/16/2007
From: SW London (UK)
Status: offline 		To me I'd be inclined to agree that this is discrimination. It seems like she's feeling quite safe in her discrimination due to the health issues. Discrimination is rife these days in the workplace, and I'd bear this in mind before you move on. In 2 days time I turn 42, I have an impressive CV, but I'm transgendered and recognised for my artistic work. This seems to make me unemployable. If it isn't an employer telling me that they don't want to play second fiddle to my artistic work (as if total control of my life was on the cards anyway) it's the transgender issue. "We're sorry, we understand and while we may want to employ you, we feel that our company isn't the most suitable place for you." or even "We don't have the training or expertise to deal with transgendered employees".

If she knows that you want or are open to promotion then to me it is discrimination. My only other explanation would be an irrational obsession with penises.

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RE: Discrimination or health issue? - 7/20/2008 7:55:54 AM   
popeye1250


Posts: 18104
Joined: 1/27/2006
From: New Hampshire
Status: offline
quote:

ORIGINAL: MissSCD

Here is a question to the old debate of women verses men in the work place.
I am 49 years old.  I was in the military.  I have a degree.
In 2004, I got sick.  I had a viral infection which robbed my hearing.   I lost 70 percent hearing in both ears.
The right side is back to 100 percent.  The left side is still around 50 percent.  I am also bipolar level 2.
Why did I post this?  I am really upset with my boss.  She has been good to me for the past two years; however, she has hired a bunch of men.  She promotes men ahead of me and I know she doesn't understand this illness.  I am just as good as they are except for unloading the truck.   I can do it.  It takes me a little while longer on that, but everything else, I can beat them on.   They won't keep the place clean. 
I am going to talk with her about it again, but it doesn't work.  In the meantime, I am stuck at my job until the economy breaks.  
I am going to try and transfer out of this store into another one because I cannot advance there.
Is it discrimination?  I think it is.

Regards, MissSCD


You said "store."
Depending on what type of degree you have you shouldn't be working in "retail" and expect a decent salary.
Also, if you are a veteran you should be promoted before someone who isn't a veteran, degree or no.
Many companies have "Affirmative Action" programs for veterans.


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RE: Discrimination or health issue? - 7/20/2008 8:14:18 AM   
CalifChick


Posts: 10717
Joined: 10/28/2007
From: California
Status: offline 		You didn't say how your bipolar affects your work performance.  Are you absent alot?  Are you late often? Do you have attitude problems?  (I'm just throwing out some possibilities there)  You say you can do the job, but if so, why did you tell us you have bipolar? How is that relevant (I'm fishing for info here)?

Also, no offense, I have found that my opinion of an employee's performance can be vastly different than that of their own.  Do you receive regular performance evaluations? If so, during that eval, have you asked what you need to improve on to be promoted?

Cali


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RE: Discrimination or health issue? - 7/20/2008 8:16:11 AM   
TreasureKY


Posts: 3032
Joined: 4/10/2007
From: Kentucky
Status: offline
quote:

ORIGINAL: MissSCD

In 2004, I got sick.  I had a viral infection which robbed my hearing.   I lost 70 percent hearing in both ears.
The right side is back to 100 percent.  The left side is still around 50 percent.  I am also bipolar level 2.


Have you in the past, or do you continue to miss work due to health issues?

quote:

ORIGINAL: MissSCD

... She promotes men ahead of me and I know she doesn't understand this illness.


What does understanding your illness have to do with whether she promotes men ahead of you?

Are you upset because men are being promoted ahead of you, a woman?  Or are you upset because someone who may not have a health issue is being promoted?

Does your illness significantly affect your attendance or job performance in any manner which would be less than the men she is promoting?

quote:

ORIGINAL: MissSCD

I am just as good as they are except for unloading the truck.   I can do it.  It takes me a little while longer on that, but everything else, I can beat them on.   They won't keep the place clean.


I don't want to sound as if I do not sympathize with you, but perhaps cleanliness in the workplace isn't as important to your boss as efficient and speedy work.  It might be that the things that you excel at aren't as profitable for her as unloading a truck quickly.  And after all, most people are in business to make money.

quote:

ORIGINAL: MissSCD

Is it discrimination? 


Honestly, I do not know.  Do you believe she is discriminating against you because you are a woman, or because of your health?  These are two disparate types of discrimination with different tests.

I suggest you put yourself in your bosses place and consider what is most beneficial for her to run her business.  Is she personally discriminating against you because of your illness, or is she favoring the people she hires because they help make her business profitable and keep it running? 

The government does provide protection against discrimination, but there are limitations for good reason.  If businesses were forced to employ people who could not perform well or who were unsuited for the work available, then the businesses would eventually fail.  What would happen to all the people who worked for the business?

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RE: Discrimination or health issue? - 7/20/2008 8:17:35 AM   
wandersalone


Posts: 4666
Joined: 11/21/2005
Status: offline 		From the information you have given there is no clear evidence of discrimination in my personal opinion.  Do you have evidence/work examples that show that the people who have been promoted ahead of you did not have the job skills that you have?  What has your boss said when you have mentioned that you feel you were ready for promotion? At your performance appraisals have you and your boss talked about your future plans eg. promotion, higher duties etc?   If you have evidence that supports your claim take this with you when you talk to your boss again.

You also mentioned that you know your boss doesn't understand your illness?  What is she required to understand apart from how it impacts on your ability to do your job and ensuring you and others remain safe at work? 

This sounds harsh however I don't mean it that way, however as someone who has acted as an advocate for people with health issues and their workplaces the information you have provided so far doesn't scream of discrimination due to health reasons so far.  It does sound very frustrating for you and I hope your talk with your boss gets you some answers.  :)



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RE: Discrimination or health issue? - 7/20/2008 8:48:36 AM   
DarkSteven


Posts: 28072
Joined: 5/2/2008
Status: offline 		Cali pretty much summed it up.

You have legit grounds IF you can show either

1. That the men have the same or worse performance evaluations as you and are promoted ahead of you BECAUSE they're men, or
2. That the men have better evaluations than you BECAUSE they're men.

I can say that based on what you've given us here, it will be a very hard case to prove.

When you say that your boss "doesn't understand" your illness, you make it very clear that she's aware of it.  If she's aware of it, it must be affecting your work in some way.


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The small-breasted ones want larger breasts. The large-breasted ones want smaller ones. The straight-haired ones curl their hair, and the curly-haired ones straighten theirs...

Quit fretting. We men love you."

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RE: Discrimination or health issue? - 7/20/2008 9:54:41 AM   
MissSCD


Posts: 1185
Joined: 3/10/2007
Status: offline 		The bipolar is relevant because of breakdown it caused me during my divorce.   I worked as a dispatcher for eleven years.  During the divorce, I did not get out of bed for nearly two months.   It effected that job.
I do not want to over extend myself into a stressful situation.  Yes, I work in retail, and generally like it.
I also stay at home and help my aging mother and grandmother.
I want to be able to work and make my own living again. 
That is why I told you all about the bipolar.
No, I am rarely out.  As a matter of fact, they usually call me into work a lot.  Right now, she has cut hours and has hired a lot of men. 
As soon as the economy breaks, I am out.
 
Regards, MissSCD

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RE: Discrimination or health issue? - 7/20/2008 10:46:00 AM   
CalifChick


Posts: 10717
Joined: 10/28/2007
From: California
Status: offline 		Okay, I understand the bipolar affected a previous job (dispatcher).  But how does it affect THIS job?



Cali


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RE: Discrimination or health issue? - 7/20/2008 12:06:03 PM   
MissSCD


Posts: 1185
Joined: 3/10/2007
Status: offline 		The boss has made comments about the meds I take.  I cannot help that I have to take them.  Not taking them is the problem.
You do not realize that three years ago, I could do nothing.  I did not work for two years.
I am trying to find my way out of this hole somehow and live my live in a normal stable fashion.
 
Regards, MissSCD

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RE: Discrimination or health issue? - 7/20/2008 1:03:26 PM   
uninterested5


Posts: 55
Joined: 7/8/2008
Status: offline 		What branch of the military, do you have Veteran status, what's your degree in, is it a Bachelor's or an Associate's, what else do your duties entail beyond unloading trucks, and what qualifications do they have? If your boss is a woman, it's probably not discrimination. The men are probably just comparable to you in qualifications and unload faster.

*Edit* And how often if at all do you bipolar meltdown at work? Be realistic and honest. One flip out, mental disorder on paper or not, and you're not going to be seen as management material over your coworkers.

Also, I know bipolar level 2 disqualifies you from most branches of the military. Were you honorably, dishonorably or for medical reasons discharged?

< Message edited by uninterested5 -- 7/20/2008 1:04:58 PM >

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RE: Discrimination or health issue? - 7/20/2008 1:11:12 PM   
CalifChick


Posts: 10717
Joined: 10/28/2007
From: California
Status: offline
quote:

ORIGINAL: MissSCD

The boss has made comments about the meds I take.  I cannot help that I have to take them.  Not taking them is the problem.

 
How does she even know you take medications? And what sorts of comments? Derogatory comments?

quote:


You do not realize that three years ago, I could do nothing.  I did not work for two years.  I am trying to find my way out of this hole somehow and live my live in a normal stable fashion.

 
I'm not understanding what that has to do with you not being promoted at the job you are in now.  What you could or could not do in the past, or what you could or could not do at some other job has nothing to do with this.

A small observation... continuing to dwell on the past, is this causing you problems in the workplace, or are you merely trying to paint a complete picture here? 

I am not being unsympathetic, I'm trying to get straight answers on what the circumstances are that make you think you are being discriminated against in your lack of being promoted.


Cali


_____________________________

AKA "The Undisputed Goddess of Sarcasm", "Big Bad Cali" and "Yum Bum". Advisor to the Subbie Mafia, founding member of the W.A.C. and the Judgmental Bitches Brigade, member of the Clan of the Scarlet O'Hair-a's and Team Troll

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RE: Discrimination or health issue? - 7/20/2008 1:19:09 PM   
KatyLied


Posts: 13029
Joined: 2/24/2005
From: Pennsylvania
Status: offline
quote:

The boss has made comments about the meds I take.


She should not have access to that information.  Did you disclose it to her?  Isn't it a violation?


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RE: Discrimination or health issue? - 7/20/2008 2:49:46 PM   
MissSCD


Posts: 1185
Joined: 3/10/2007
Status: offline 		Thanks so much for your support in this matter.  It is so nice knowing that I have people to turn to in moments of aggrevation here at CollarMe.  We are such a caring and understanding community.'
 
Regards, MissSCD

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RE: Discrimination or health issue? - 7/20/2008 3:37:52 PM   
CalifChick


Posts: 10717
Joined: 10/28/2007
From: California
Status: offline 		So I take it from your last post that you just wanted to vent about not getting promoted?  If you just want to vent, that's certainly okay, but it's nice to know that up front.

Cali


_____________________________

AKA "The Undisputed Goddess of Sarcasm", "Big Bad Cali" and "Yum Bum". Advisor to the Subbie Mafia, founding member of the W.A.C. and the Judgmental Bitches Brigade, member of the Clan of the Scarlet O'Hair-a's and Team Troll

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RE: Discrimination or health issue? - 7/21/2008 6:18:01 AM   
CalifChick


Posts: 10717
Joined: 10/28/2007
From: California
Status: offline 		Well MissSCD, it is obvious from your nasty cmail exactly why you are not being promoted.  I was trying to help you, to determine the reasons exactly why you were not being promoted, but you refused to answer the questions, hence the "just venting" response above. 

Perhaps at this point you should concentrate on just keeping your job, and not so much on the promotion aspect.


Cali


_____________________________

AKA "The Undisputed Goddess of Sarcasm", "Big Bad Cali" and "Yum Bum". Advisor to the Subbie Mafia, founding member of the W.A.C. and the Judgmental Bitches Brigade, member of the Clan of the Scarlet O'Hair-a's and Team Troll

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RE: Discrimination or health issue? - 7/21/2008 6:26:54 AM   
wandersalone


Posts: 4666
Joined: 11/21/2005
Status: offline 		It sounds like there has been some miscommunication here.  If you were seeking to vent could you have possible stated this in the beginning of your post.  I had thought you were asking for actual information on discrimination in the workplace and whether your case was an example of one which is why I included questions that a tribunal would possibly ask you.  Many of the other questions and comments posted are also questions that may come up.  Discrimination cases can be extremely gruelling for the person to go through and if you found just a few comments on here uncomfortable it is likely that you would find an actual discrimination claim 100 times more uncomfortable.

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Our lives begin to end the day we become silent about things that matter. Martin Luther King
Godmother of the subbie mafia
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RE: Discrimination or health issue? - 7/21/2008 10:23:24 AM   
MissSCD


Posts: 1185
Joined: 3/10/2007
Status: offline 		This was not a vent.  Don't turn it into one.  The issue is closed because you all are not my doctor.
I was in a bipolar episode and needed help.  Now, I am going to work.
If you don't like the way I am living, just leave this long haired country boy/girl alone. A little help from Charlie Daniels.

Regards, Regards, and Saluations.

SCD

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Profile   Post #: 18
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