Possible Discrimination health reasons

[RonM]

Dear Person:

I have searched your website regarding this matter for info & could not find an answer...Please help..

I previously worked for an Auto Auction company here in North Las Vegas from Jan,14,08 to July,17,08...I was hired to drive cars to & from the auction lot to car dealerships for auctions..I worked 4 days a week, approx 8 hrs a day in the "Transportation" dept....

I resigned (not quit) in good standing on July,17,08 due to the extreme weather temps (at that time outside temps were 105*-110*) with the understanding that I would re-apply when the temps dropped to a more physically tolerable level for me..This statement IS in writing & on record there...

The job location has approx 400 acres of blacktop area , which temps can & do get to 130* or higher..

I re-applied on Sept,15,08 & was told at that time there was no openings in the Transportation Dept & would keep my application on file for future openings....

Shortly thereafter I was offered a job there in "Operations"..This was a 1 day a week, approx 4 hour job @ $7.00 per hour...After taxes etc , you wind up with a mere pittance...The chances of a future transfer from Operations to my original position in Transportation dept seemed slim...So I declined...But they WERE willing to re-hire me...

Since Sept ,15,08 , I have learned that they have hired many new people on at least 2 occasions for the Transportation Dept...They did not notify me...

On or about Dec,2 08 I managed to get hired by a temp labor company as an auction driver..Lo & behold, it's the same company that I worked for...This is a 1 day , approx 4 hour , sometimes 2 days a week job....Not enough for me to get by on , but at least I'm back there...

While working there , I had a conference with Sxxxxx , who works in Human Resources, & she told me that she would not re-hire me because I left due to the hot weather & that I was expected to work all year round , & it's in my job description...I looked for a job description & could NOT find any related info..

And then there is this question about "Job Requirements" that are "alledgedly" stated somewhere...I was NOT informed about them UNTIL I re-applied for my job back...Had I known about them , I WOULD have toughed it out...


Let me say that , it gets very hot out there on that blacktop , safety IS an issue , & the heat was giving me a problem...There are people there who can & do very well in high temps (God bless them) but I'm not one of them...I feel that I'm being discriminated against due to the heat issue...

Had I stayed there & collapsed on the job ,( which I felt could have easily happened ), I would be in a different situation today...

PLEASE help me...I loved my job & the people who work there...Since we are all in an economic crunch , I'm not asking for full re-instatement...I previously worked 4 days a week , 2 or 3 days would be acceptable...4 would be perfect...Thank you VERY much for your time & consideration....Ron.M...

 

[RonM]

...Dear People:... I KNOW you're out there !!! And that possibly an attorney or 2 are reading this thread...It's been 8 days now & NO help or at least a reply...We have a new President , it's time past due to follow his advice & help one another...I'm one of those people & NEED your help !!! ... I KNOW someone HAS the answer to my problem...So won't you PLEASE help me out ???....THANK you VERY much in advance for your anticipated help...:yes:

 

[cbg]

When I initially scanned your rather long post I misread it as being about DOT regulations. Since I know nothing about DOT regulations I let it go by.

Unless you have a bona fide, legally binding contract guaranteeing that they will not only rehire you for the Transportation Department, but that they will give you the same hours and the same rate of pay, they have no obligation under the law to rehire you AT ALL.

I am not even remotely unsympathetic because I also have a very hard time with high temperatures. I live in New England and even our summers are sometimes too much for me. But it's a matter of common sense that you need to be able to be in the job year round, whether it's specifically written into the job description or not. EVEN IF you made a case for an inability to tolerate high temperatures as being a disability, and I don't think you can, it is not a "reasonable accomodation" to give you several month of leave every year during the summer.

Sorry, but they are doing more than required by law to offer you anything at all.

 

[RonM]

Possible Discrimination

Dear cbg:...1st, let me THANK you for an exceptionally quick reply..To clarify,
You said:==>

Unless you have a bona fide, legally binding contract guaranteeing that they will not only rehire you for the Transportation Department, but that they will give you the same hours and the same rate of pay, they have no obligation under the law to rehire you AT ALL

It was not a written contract per se, But an oral agreement & a written resignation that closely resembles a "leave of absense"...When I re-applied for re-instatement , in the pay requested area I put $7.00 per hour instead of my previous pay of $8.00....That represents a voluntary pay cut on my behalf...Nor am I asking for the same amount of hours....

EVEN IF you made a case for an inability to tolerate high temperatures as being a disability, and I don't think you can, it is not a "reasonable accomodation" to give you several month of leave every year during the summer

I was asking for only 2 months off....I don't mean to be picky , just accurate...
Also , I think a case could be made for "an inability to tolerate high temperatures"...Mind you , I'm NOT a lawyer...
I said...

Shortly thereafter I was offered a job there in "Operations"..This was a 1 day a week, approx 4 hour job @ $7.00 per hour...After taxes etc , you wind up with a mere pittance...The chances of a future transfer from Operations to my original position in Transportation dept seemed slim...So I declined...But they WERE willing to re-hire me...

Please note:... "But they WERE willing to re-hire me..."


When I re-applied in Sept,08 , I was offered a job by one of the HR's...The other HR (Sxxxxx) is the person who , for whatever reason , said I have to work year round...
Since one person offered me jobs & the other declined , I have to assume ( I know the line about "assume" ) that they ARE talking to each other...These 2 ARE of equal status & one is NOT the boss over the other...
I expected that they would keep their part of the agreement...

cbg:THANK you VERY much for your insight & help (& quick reply)

One last question...Are you an attorney???

 

[Duranie]

I agree. I am in AZ and lots of people have to work outside. I am sure there are other jobs in Vegas for you, you need to apply elsewhere. Not being able to do your job at all when it gets hot out is not a reasonable request. You have to make a living but you need to realize that they can be hesitant to hire you back because you will just quit when it gets hot. Start looking for some other type of employment. There are lots of 7.00-8.00 an hr jobs out there for you to apply at.

 

[RonM]

Duranie:

I am sure there are other jobs in Vegas for you, you need to apply elsewhere.

In my case , that's not neccessarily true...I just turned 68 , am a retired TV tech (gave it up with the advent of Plasma & HDTV ) , & have very limited talents(?)

There are lots of 7.00-8.00 an hr jobs out there for you to apply at.

The Sunday paper that used to have a LARGE employment section is now down to 6,7 or 8 pages...AND those jobs are largely casino , medical ,or sales etc...A LOT of proffessional listings etc , for which I have a farts chance in a hurricane's of getting...Other jobs require experience I do not have...So the field is VERY narrow for me...
Nevada's unemployment is around 8% & there have been several large layoffs...
Then there's my age....If anybody who thinks that "Age Discrimination" is dead , needs a brain scan...I've applied at a few places & get that "look" & no callback...

You have to make a living but you need to realize that they can be hesitant to hire you back because you will just quit when it gets hot.

I can understand this statement fully , but I did not "quit" per se...When I gave them 2 weeks notice in writing it closely resembles a request for a "leave of absense"....BTW , I did stay for those last 2 weeks & did NOT just quit & go as almost everyone else did at various other times...My boss came out to personally wish me well on my last day....So there's NO animousity there...
So neither quote is accurate for me....
Also please note this quote from my original post===> But they WERE willing to re-hire me...
They have over 400 employees there & I KNOW of a few accommodations made to some others....Albeit maybe not exactly the same as my request...
Duranie:...Thank you VERY much for your input....