Working w/ ADD on my back!

<<<#1) Is it legal for them to treat me in such a way? >>
<<<#2) Is it legal for them to just cancel vacation time at the last minute that had been approved already a month prior?>>>

Yes, they ARE allowed to move you to a shift on which they can more easily accomodate your ADD. If that means that your vacation time has to be rescheduled, yes, they ARE allowed to reschedule it, although they are NOT allowed to take it away completely. (However, it doesn’t sound like they are trying to take your vacation away completely, but rather, that the scheduling needs of the day shift are different from those of whichever shift you were on before.) Contrary to popular belief, having REASONABLE ACCOMODATIONS under ADA is not some kind of a blank check, but rather, is designed to help you perform the ESSENTIAL FUNCTIONS of your job as well as somebody who does NOT have ADHD. If you can NOT do the essential functions of your job, EVEN with reasonable accomodations, than you are NOT protected under ADA, and you CAN be legally fired, diagnosis or no diagnosis. And no, reasonable accomodations do not include hiring somebody else to help you do your job, nor do they mean that you are exempt from the quality and productivity demands made on everyone else. Yes, you STILL have to make company-set quotas for error-free productivity. Incidentally, imho, your company seems to be trying to work with you, what with giving you a supervisor that you had worked well with in the past and so on, so frankly, I would try to work with it. There are worse employers, you can bet on that. BTW, I am a board certified occupational physician, and I have additional certification as an Independent Medical Examiner. I deal with ADA, WC, and FMLA problems ALL the time, and I do know the law on this matter.

[quote=”shirin”]<<<#1) Is it legal for them to treat me in such a way? >>
<<<#2) Is it legal for them to just cancel vacation time at the last minute that had been approved already a month prior?>>>

Yes, they ARE allowed to move you to a shift on which they can more easily accomodate your ADD. If that means that your vacation time has to be rescheduled, yes, they ARE allowed to reschedule it, although they are NOT allowed to take it away completely. (However, it doesn’t sound like they are trying to take your vacation away completely, but rather, that the scheduling needs of the day shift are different from those of whichever shift you were on before.) Contrary to popular belief, having REASONABLE ACCOMODATIONS under ADA is not some kind of a blank check, but rather, is designed to help you perform the ESSENTIAL FUNCTIONS of your job as well as somebody who does NOT have ADHD. If you can NOT do the essential functions of your job, EVEN with reasonable accomodations, than you are NOT protected under ADA, and you CAN be legally fired, diagnosis or no diagnosis. And no, reasonable accomodations do not include hiring somebody else to help you do your job, nor do they mean that you are exempt from the quality and productivity demands made on everyone else. Yes, you STILL have to make company-set quotas for error-free productivity. Incidentally, imho, your company seems to be trying to work with you, what with giving you a supervisor that you had worked well with in the past and so on, so frankly, I would try to work with it. There are worse employers, you can bet on that. BTW, I am a board certified occupational physician, and I have additional certification as an Independent Medical Examiner. I deal with ADA, WC, and FMLA problems ALL the time, and I do know the law on this matter.[/quote]

Thank you for the reply to my post.

I just wanted to clarify the situation…

I am a Team Manager at a call center and I am familiar with ADA laws, my concern is that I might be discriminated against after discussing my ADD…

They had promoted someone to fill the day shift slot prior to my disclosing my ADD situation. After I had told my employer about my ADD, this person they had just promoted, was immediately given the option after a week of workng the day shift, to either work the night shift or go back to being a customer service rep. He chose to be a CSR again because he couldn’t work nights. Now he was given this choice the day before I was to go on vacation. They promoted someone from my team to replace me for the night shift, which I had built and maintained to be team in the nation. My only request was to have directives from meetings put in writing due to misunderstandings. Also, after I had told them that I have ADD, they started talking down to me like I was a child… oh and are not rescheduling my vacation time “anytime soon.”

Does it make a difference or just tough luck?

What can I do if anything - I wish I had never told them!

Anyone reply…. Thanks for your help!

UNLESS you were in danger of being fired anyway, perhaps because of the misunderstandings, than this may represent discrimination, and you may wish to discuss this with a lawyer. (If you were in trouble already, than it sounds like this may be a legitimate attempt to retrieve the situation by giving you a more workable boss.) What prompted you to disclose? Were you written up for miscues, or were you afraid that you were going to be written up? What is in your personal file? If you live in some of the larger states, like Illinois, you may have the right to go look at it. (Not here in Indiana, btw.) The talking down is likely to ease up after a few weeks, btw, it’s like the way some people speak very slowly and shout very loud when talking to people in wheelchairs. I would just say cheerfully, and briskly; “No, I don’t need that level of supervision. What I DO need is written directives.”

<<oh and are not rescheduling my vacation time “anytime soon.” >>

Unfortunately, you are going into the holdiay season, which is traditionally the busiest season for your line of work. It may not be possible to reschedule until after Christmas.