Although I am a lover, not a fighter I do believe in fighting those important battles for what you believe in.
Even though it did not work out in my favor, I filed a case with the EEOC in September 2008. My employer knew I was struggling with a disability that affected me in ways of attendance. When I was at work my performance was one of the best in the department: this was reflected on reports and told to me personally by several members of the management team.
Under the law a person with a disability is allowed reasonable accommodation by their employer as long as that accommodation doesn't cause undue hardship to the employer. I requested unpaid make-up time. My request was denied because "it's company policy", yet a few of my fellow coworkers without disabilities were being allowed make-up time and schedule adjustments. One co-worker claimed she just wasn't a morning person, so management adjusted her schedule to allow her to come into work 30-45 minutes later each day.
My attendance issues put me on corrective action and held me back from a promotion the rest of my training class had received upon our one year anniversary with the company. Some of the reps that received the promotion had skills far below mine, evidence was that I was taking on their workload in addition to mine. I left the company on my own accord and filed my case with the EEOC.
I gathered a packet showing my performance exceeded all standards except in the area of attendance. I gave names of fellow reps who had been given the very same accommodation I was denied. Then I waited more than two years for a response. When I received my denial letter it stated that management was not in the wrong because they can do what they want on a case by case basis. Basically they are fully within their rights to discriminate. Obviously I was hurt, frustrated, and confused by this all. I was given the option to get an attorney and pursue matters further on my own, but instead I decided to move forward and put all this behind me. This blog post is the first time I mentioned it all in over a year.
I know I was right, even if the very people that could have helped me didn't see it that way. The EEOC is set up to protect people like me and they failed to do so. Despite everything I do not regret standing up for myself and I would do it all over again if I had to. Sometimes fighting a war isn't about winning, but about being brave enough to even show up.
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