Is this discrimination?

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Latest post 11-04-2009 12:46 PM by LynnM. 6 replies.
  • 11-03-2009 11:16 PM

    • Khadell
    • Not Ranked
    • Joined on 11-04-2009
    • CA
    • Posts 2

    Is this discrimination?

    I have worked for this company for 1 year and 5 months as a full time employee. I had a lot of abences from Jan to July, (16) and I only counted 13, anyway I was not warned if I continued to take time off because of my illness extremly high blood pressure. which I informed them before i had an attendence problem. They placed me on part time in July. I went on my disability leave at the end of July and returned to work on Oct 4. prior to me returning to work i asked the Human Resources dept if I can have more hours and I was told if depends on if there are any full time positions available and to ask the manager. I asked the Manager for more hours when I returned to work and she said that I just came back and she needs to evalute the call center. I said ok. In the duration of my leave they had hired at least 10-12 people. And are still hiring full time employees. also other employees are having attendence problems and have missed more work then I. and to this day they are still working fulltime and was told by the manager if the attendace continues they would be terminated. The employee called off from work again.. and the employee is still working full time... I am the only person working part time in the call center. is this discrimination or the manager just don't like me?

  • 11-03-2009 11:51 PM In reply to

    Re: Is this discrimination?

    Discrimination is based on Race, Sex, Religion, National Origin, Age - what you describe does not dound like any of those. It appears as if the writing is on the wall for you to find a new job.

  • 11-04-2009 4:34 AM In reply to

    • Khadell
    • Not Ranked
    • Joined on 11-04-2009
    • CA
    • Posts 2

    Re: Is this discrimination?

    Thank you for your reply, but I have already been looking for another job, and the reason why I felt discriminated is because of race. I am african american and the other employee is hispanic.

  • 11-04-2009 9:23 AM In reply to

    Re: Is this discrimination?

    HBP in itself is not categorized as a life-threatening illness, though it can be a problem resulting from other illnesses.  Hopefully, you are receiving medical treatment.

    Regardless, a two absences per month ratio is pretty steep.  Add to that a disability leave from "the end of July [returning] to work on Oct. 4," and it's pretty obvious why the employee isn't going to add hours.

    Other things that employers take into consideration is if an EE's medical problem affects them only on Fridays and Mondays, or whatever days they are scheduled, to help them stack up a few three-day weekends.  Then the employer would question the validity of their reason to be absent.

    Excessive absenteeism is not race-protected.

    Nothing you have posted implies illegal discrimination.

  • 11-04-2009 9:29 AM In reply to

    Re: Is this discrimination?

    It is possible if the employer is large enough and your work time (hours)sufficient in the year  that a medical need for absence might be covered under FMLA if you sought same -check it out to see if it fits  -absent same you look like toast.

     

  • 11-04-2009 12:44 PM In reply to

    Re: Is this discrimination?

    Sounds like they are 'discriminating' against you based on attendance, which is perfectly legal

  • 11-04-2009 12:46 PM In reply to

    Re: Is this discrimination?

    But you did not think that was important enough to include in your post.

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