Suing for Disability Discrimination

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Fnord
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02 Jun 2016, 6:53 pm

climategeek wrote:
You should absolutely sue! ...
He may have already exceeded the statute of limitations.


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kraftiekortie
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02 Jun 2016, 8:02 pm

You would have to get a REALLY good lawyer.

Or else, you'll have to document specific instances where they blatantly mentioned your disability in conjunction with job tasks, or in conjunction with losing your job.

And you'll have to get witnesses to corroborate your story as well.

And make use of previous cases (yes, that's the lawyer's job--but you should research this, too).

It would be great if you could get a lawyer on contingency--meaning you don't have to pay the lawyer until you win the award.

I would say, as far as this sort of thing is concerned, a "class-action" suit would have more power than one person suing.



AspiePrincess611
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24 Feb 2020, 1:51 pm

I tried to file a discrimination complaint against the director of the program at the college I was attending. I filed a complaint with the office at the university that handles these things. She basically told me that my Aspergers' was "just an excuse" and would not give me any accommodations for my student teaching internship or make it clear what she expected. I had no witnesses willing to take my side, the other people just took the professor's side because she was their boss. I found out on Friday that the complaint was rejected. Apparently, they said the professor did nothing wrong because they aren't required to modify expectations for people with disabilities. I didn't ask them to do this. I just wanted clear, detailed expectations. I don't know if I should take this to a lawyer or not because I don't have witnesses who will support me. It's total bs. I know how you feel.


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aspiemike
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25 Feb 2020, 10:18 am

The OP may have posted this a few years ago, but I do have something relevant to share based on experience in a union setting. When disciplining employees here (beyond probation periods), the employer gives notice of a meeting on paper to let you know they are investigating claims and discipline may be taken against you. At the meeting, you state your case. At least one day after your meeting, you should receive a follow up letter stating what they found and what discipline (if any) you receive. From there you can dispute with a grievance if you disagree with the outcome.

As for terminations.... where at all possible, it is greatly beneficial to get an explanation in writing. Without that explanation, it becomes he said she said and tribunals and judges will often side with the employer in those events.

If in doubt, document everything and dates and times if possible. Make sure to get reliable witnesses to back you up and with their own witness statements. Avoid documenting when you are supposed to be working. And don't rely on people you know to be friendly with management if you got a grievance. Yes it is time consuming to use your own time to document events, but it could very well make a difference when going in front of a tribunal, judge, arbitrator, etc.


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