Did my boss discriminate against me tonight?
I have Fibromyalgia nad Chronic Myofascial Pain. I work at the grocery store as a cashier. My doctor (the specialist)gave me instructions on how to do thw job without hurting myself. I can't pick up anything, but using my hand, I can push heavy stuff across the scanner with my body weight. Also I have a doctors note that I can't lift over 5 lbs...from my regular doc.
So tonight I told the boss, I can't put up those gallon juices. So he got smart with me and said, "If you can't lift stuff, how do you get a fork to your face?" I said "You're mama feeds me!" He doesn't think he is disrespecting me on the basis of my disability. He can't see the difference between a gallon and a tea spoon. That's 8 lbs vs. a few ounces...
Answers:
Clearly, he violated policies against a hostile work environment based on your disability. You should call your Human Resources Dept and file a formal complaint.
Unless he fired or retaliated against you, it can't be "discrimination". And in either case, he has the right to require that you perform the duties of your job. So the answer is no.
Actually, based on your one other question...I think you are either full of it, or a whiner.
Looking for a reason to be mad.
Deal with life, stop making excuses, and if you can't do your job, then consider one you are physically capable of.
Look up 'discriminate' in the dictionary and ask your question again. You can't claim an offense if you can't define it. You don't know what discriminate means.
He was just being a smart a--. However, rather than saying you can't do something, perhaps say, "Hey, will you help me lift these?"
It's not discrimination but it's mighty insensitive. I'd say something back to him like, "It's a disability--like your face."
document everything he is saying and doing. if you get fired, and you may, you can win the unemployment. call legal aid, but im betting he can't talk to you like that. remember tho,,,you're adding fuel to the fire when you complain. be prepared.
If you could not swim would you be a life-guard? Choose a job you can perform.
The answers post by the user, for information only, FreeLawAnswer.com does not guarantee the right.
Answer question:
More Law Questions and Answers: