ADA and us

[Michael]

Does anyone know if we are covered under the ADA or not. My company makes us share rooms at meetings, and it is just one of the things that I have not been comfortable with. The last meeting, the guy I shared a room with showed me a video clip (supposedly humerous) of three guys standing at urinals taking turns holding each others penises when one guy needed to light a cigarette. I didn't bother me until a few hours later.

I asked the corporate HR Manager about it, but he said I would have to request a room for the next meeting and pay for it out of my own pocket. Somehow I just don't think that is right. I didn't ask to be this way.

This is the worst time I have had in a long time, and I am just really tired of being this way and totally ignored like it is always my fault for what happened.

 

[Born to Resist]

If anyone knows about the legal issues ... maybe someone from the board of directors knows ... please share.

Unsure. The language in ADA could include people who have been abused. I am not aware of a court case that has supported this. I have seen people use being over stressed to fall under the ADA for time off. Being over stressed from the abuse could fall under this.

Being a former HR manager ... I wouldn't see it as unreasonable to have someone pay for their own room. However if someone fell under the ADA laws, I'd first see if there was a list of people they felt okay with sharing a room. Then make sure they only stayed with those list of people. If this didn't work out I'd probably would meet them half way on the financial costs. Reimbursing for the cost the company would have incurred anyway for having them share a hotel room.


Courage-Wisdom-Spirituality

 

[AuthenticMe]

Michael,

I'm not sure about ADA rules, but sounds to me like you have a hostile work environment issue. I would be personally offended by that video. Imagine how a female co-worker would feel.

 

[Michael]

Thanks for the replies. In my 30 years in the workforce, this is the first company that I have encountered that forced sharing of rooms. This is absolutely the strangest company I have ever worked for.

I wrote the HR Manager asking for an accomodation on the next meeting. She is brand new in the position and from outside the company. I have not received a reply yet, and since I have asked for an "accomodation" I am sure she knows that I am referencing the ADA. I have spent quite a bit of time researching the ADA and CAS, and the only sure thing that I have found would trigger it would be a dignosis of post-traumatic stress disorder.

 

[Born to Resist]

FYI-if I were the HR Manager, would ask for the diagnosis from your doctor or therapist. Even if you have a doctor/therapist I would try and encourage you to see the company's recmoended doctor/therapist. Last I checked, legal you do not have to go to the company's doctor/therapist. Your doctor/therapist can only disclose the information you wish disclosed. However, becareful in signing any waiver of discloser so your doctor/therapist can speak with any of the company's represensatives. Best recomendation ... is to have it in writing that any request for information must be approved by you. This may be a bit of red tape but controling what info passes to your employer will be important. Definitely keep looking into your legal rights on this. I'm not sure how things have changed since I was an HR Manger. Please sure what you find with the rest of us, as I'm sure others may be wrestling with this not know about their legal rights.

Courage-Wisdom-Spirituality

 

[Michael]

It took the HR Manager about 10 days to get back on my request. It was pretty brief, but I could tell that my request had been passed on up to legal. I have an appointment with my therapist to sign the release on Jan. 3.

I will keep you posted.

OBTW, the company does not have a counselor/therapist. The company is a large international company headquartered in Munich, but there is no dierect contact with the regions in the US and Canada from there, only with North American region headquartered in Reading, PA.