Worried about working

[notashrimpwimp]

I remained unemployed (despite applying to everything from planting plants to paralegal work) for over a year after being let go from the job that had asked me to list any allergies I had on an employment form.

Finally I was offered another job, which I accepted. The lunchroom for the office was upstairs from my desk, and I mistakenly believed that was far enough away to constitute a barrier. One day I was working in a small office when I started to feel my lips tingle, face flushing, and coughing. Having been scheduled a later lunch, I hadn't eaten anything to trigger a reaction. I asked if someone had cooked shellfish, as those are the typical symptoms I experience. Everyone said they couldn't smell anything, so I took my Benadryl and went back to work. It got worse. Someone went up to check and sure enough someone had been microwaving shrimp. This continued almost daily, and usually resulted either in my departure or working through a Benadryl haze.

After a few incidents, my coworkers asked why I had not punched out of the time clock while I was up (where the shrimp fumes originated) there. I responded that I needed to leave the area as it was dangerous for me to remain. One remarked that I had not secured my area in my haste to leave. Speaking with HR resulted in being informed that it is their culture and that the best response was to calmly inform someone that I needed to leave and then do so. This had an effect on my ability to complete tasks I was assigned.

I later left the position and am unemployed again.

Is there a place for me in a workplace? Are there environments that are "safer" than others, ones that are more allergy-friendly?

[twinturbo]

In your place I'd do two things. Three or four, maybe.

#1 Park yourself at Department of Justice (for both ADA work and DOJ's OCR) and EEOC.gov. Become fluent in case you need to report anything.

#2 Consider working for any arm of the government at any level. I have no idea your skillset or industry experience and you're still going to have to smell out a good, tightly run office.

#3 Consider seeking legal assistance any college or university that has a law program should host a low cost legal clinic.

#4 Report violations. Consider that the likelihood of the DOJ or EEOC nailing violations is unknown if you report; it is zero percent if you do not report. However, report wisely. You may have to figuratively fall on your opponent's dagger to run them through with your sword.

Did the allergy question come after you were hired as part of emergency contacts, etc.?

Can an Employer Require Medical Examinations or Ask Questions About a Disability?

If you are applying for a job, an employer cannot ask you if you are disabled or ask about the nature or severity of your disability. An employer can ask if you can perform the duties of the job with or without reasonable accommodation. An employer can also ask you to describe or to demonstrate how, with or without reasonable accommodation, you will perform the duties of the job.

An employer cannot require you to take a medical examination before you are offered a job. Following a job offer, an employer can condition the offer on your passing a required medical examination, but only if all entering employees for that job category have to take the examination. However, an employer cannot reject you because of information about your disability revealed by the medical examination, unless the reasons for rejection are job-related and necessary for the conduct of the employer's business. The employer cannot refuse to hire you because of your disability if you can perform the essential functions of the job with an accommodation.

Once you have been hired and started work, your employer cannot require that you take a medical examination or ask questions about your disability unless they are related to your job and necessary for the conduct of your employer's business. Your employer may conduct voluntary medical examinations that are part of an employee health program, and may provide medical information required by State workers' compensation laws to the agencies that administer such laws.

The results of all medical examinations must be kept confidential, and maintained in separate medical files.

[notashrimpwimp]

1/4: I did file a complaint before with the EEOC and they said they could neither prove nor disprove I was in an hostile environment (after someone admitted to saying that I should find a new job and that they should get a gun and put me out of my misery).

2: That happened in a government position.

3: We do have one up the road. I have wondered if there are consequences for someone who intentionally brings an allergen in proximity when they are aware of someone's allergy.

Yes, it was asked while I was filling out a W-4 and emergency contact list. I worked in a call center type environment.

[twinturbo]

Well, rolling through it all here on FAS is free and virtually inconsequential. I say that to preface the next idea which is let's keep going through this if you're game. I suspect (and hope) that somewhere in there may be the devil in the details we can bring to light and examine a little further. I have a couple ideas based on what you wrote but need more time to respond properly.

[twinturbo]

Alright, a little clarification if you don't mind.

Listing allergies as part of an emergency form once you're hired should be completely legitimate if asked in the context of needing to know in order to address it as part of emergency management.

When you say government position were you a salaried direct employee or were you contract?

When you reported you say that the response from EEOC was that they did not essentially have actionable evidence. That is a reasonable response and it happens all the time in any type of instance involving some sort of violation whether civil or criminal. What it may mean to you in practical terms is a problem in meeting evidentiary requirements. I know not what you submitted to them nor what their threshold is, which is why I advocate you becoming fluent in EEOC procedures, organizational structure, requirements as well as DOJ. You have to be able to interpret and respond in like fashion.

This is all predicated that you want a standard office job. Even if you don't, I would think it prudent to understand at a more root level what it takes to fight when you must make a stand all alternatives are taken off the table.

One thing to keep in mind that the job market is tough for anyone right now. Taking that in to account what you're dealing with is keeping a job under the duress of consistent violations of ADA creating employment barriers and that's not okay obviously. You could definitely go the way of being your own boss start your own business, find an industry that allows you to more free of a standard office space in which case I would seek official accommodations to be retrained if that's what you want and you can't do it any other way, it's all a foggy crystal ball because I don't know what it is you do and if it is a skill set that makes you fireproof or if it's more generalized. And I don't really need to know you just need to decide how you want to go at this.

Industry change to avoid office situation
Maximize and leverage laws in your favor while increasing evidence gathering and presentation skills per outlined requirements
Entrepreneurship

I can think of a lot of jobs that would probably fit the bill like mail carrier route, sales jobs, real estate agent, US Forest Service in the field, GIS civil engineering or surveying. Likely you would develop a comprehensive approach that incorporates nearly all options as you move closer to retirement age you will probably have more indoor work in the long term.

[twinturbo]

This may have some relevance.

Reasonable Accommodation: Failure to Remove Workplace Barriers. Complainant had a severe allergy to corn in any form. The Postmaster was aware of the allergy and had given a “stand-up” talk informing complainant’s co-workers that complainant could not be exposed to corn fumes; however, he also stated that he did not think it fair to the other employees to institute a ban on popping corn. As a result, complainant would have to leave the facility, often for over an hour, whenever co-workers prepared popcorn on the premises, and she would suffer from chest pain and an asthmatic reaction requiring the use of a rescue inhaler. Further, although complainant was to be advised whenever popcorn was being made, this did not always occur.

The Commission found that any mitigating measure, including those identified by the agency, would have been ineffective in light of management’s failure to enforce any procedure whereby complainant would have advance notice of potential exposure, or to issue a specific order prohibiting the popping of corn. In this regard, the Commission noted that mitigating measures that complainant attempted to use, such as masks, did not help her. Further, the Commission noted that complainant could perform the essential functions of her position with a reasonable accommodation and did not pose a direct threat in the absence of medication, treatment or an assistive device. Habluetzel v. United States Postal Service, EEOC Appeal No. 07A40025 (July 28, 2006).

According to this you would want to be in a place much larger than 15-20 employees. Note that if you have to file for further unemployment benefits that in order for your disability protections under EEOC to be available the company size matters.

Most employers with at least 15 employees are covered by EEOC laws (20 employees in age discrimination cases). Most labor unions and employment agencies are also covered.

Selected Enforcement Guidances and Other Policy Documents on the ADA

Calling particular attention to

Enforcement Guidance: Preemployment Disability-Related Questions and Medical Examinations
PURPOSE: This document provides the EEOC's position under the Americans with Disabilities Act of 1990, on preemployment disability-related questions and medical examinations.


On irritant-free environments. This excerpt cites a decision on EEOC's page (Habluetzel v.). Interpreting this a good strategy would be developing a workable accommodation for your employer to adopt such as banning only one item (shrimp) or having it only in adjacent buildings, etc. if at a larger campus private or public entity, rather than being an all encompassing irritant-free environment which starts making people say undue burden.

5.2.6 Chemical and Fragrance-Free Environments
Employees sometimes request chemical-free or fragrance-free environments to accommodate their sensitivities to any such irritants. Such an accommodation, however, is not always possible. For example, an employer was not required to provide a “fragrance-free” work environment to an employee who was sensitive to fragrances and chemicals and who requested a fragrance-free environment, an air purification device, proper ventilation, and prior notice when chemicals were to be sprayed in the facility. The court noted that it would be impractical and virtually impossible for the employer (the Federal Aviation Administration) to enforce the accommodation requested by the plaintiff and to have a blanket re- striction on all scents. Montenez-Denman v. Slater, 208 F.3d 214 (6th Cir. 2000) (unpublished opinion). The U.S. District Court for the District of Massachusetts adopted a similar position and did not require an employer to provide an irritant- free environment to accommodate an employee’s sensitivities, noting “[t]here is only so much avoidance that can be done before an employer would essentially
2nd Edition 2011 5–7
§ 5.2 ADA, G.L. C. 151B, FMLA & WORKERS’ COMPENSATION IN MA
be providing a bubble for an employee to work in.” Mulloy v. Acushnet Co., 2005 U.S. Dist. LEXIS 12778, 32–33 (D. Mass. June 20, 2005); see also Buck- les v. First Data Res., Inc., 176 F.3d 1098, 1101 (8th Cir. 1999) (ADA does not require irritant-free environment, but only reasonable accommodation). But see Habluetzel v. Potter, 2006 EEOPUB 4902 (July 28, 2006) (employer failed to reasonably accommodate employee with corn allergy; “the agency acted as though employees have a right to pop popcorn while denying complainant her right to an environment free of these allergens).

[nameless]

Once upon a time I was researching customer service/call center and "virtual admin" positions that you do from your own home. Totally legit jobs, no scams, etc.  I'll see if I can find the links, but there are a few big firms.

I keep forgetting - are you in the US or Canada or elsewhere?

Like the recommendation for a government job that might know the rules better --- try state/public universities and college settings who will be more apt on accommodations through the larger HR department.

Adrienne

[notashrimpwimp]

Twinturbo, I have an associates in "Paralegal" (exactly what they put!) and a bachelor's in English and Spanish...kind of run of the mill.

I was a contract worker, with a contract being renewed yearly.

It just boggled me that when they read the account of their investigation people were deceitful, i.e. saying they never brought shellfish near me and I only said that because I was jealous. That floored me. My union rep explicitly told me there were children who Epi'd and went back to class so he didn't understand why I wouldn't return to work once I Epi'd myself.

I would prefer not to work in a traditional office environment. I'm currently pursuing my second bachelor's, both for insurance and to obtain different qualifications.

Nameless (Adrienne), I'm in the United States. When I worked for the state the HR person told me that I had to personally write an email to everyone in the department notifying them of my allergy and requesting that they avoid bringing it in.

[twinturbo]

Can you pass an in depth background check like 10 years? No judgment if you can't some people don't like the intrusion of character assessment. You needn't be perfect a couple of speeding tickets are probably okay and some debt. The reason I ask is the protections seem greater as a direct employee of a large organization. And yes, obviously ADA violations amongst others are going to occur so you would still need to form a strategy for grooming the environment into submission.

[nameless]

So it does get more complicated when you are not a direct employee --- being on contract to an organization is a whole different beast. I'm assuming you mean like you were a vendor to them, filled out a W-9, got a 1099 at the end of the year, etc. Even though it's wrong, there really aren't solid rules to protect you b/c I'm sure there is wording in your contract about "termination with no reason".  If there isn't - you could take them to court if they cut your contract early. A contract is a contract and binding, it just depends on the words in the contract.

In whatever-major-city near you there is probably a group/org/something that helps small business owners --- that includes the self-employed who work contract to contract. File yourself as a business, get a business license (which technically you need no matter what you do...if you get a 1099 for any reason...being a vendor w/ goods, selling/making goods, or being an office worker, programmer, etc. --- you should have a business license) --- once you have THAT you are a small business owner, and a female one at that. There ARE places to give you free legal advice, etc. and help, some grants even.

Good luck
Adrienne

[maeve]

There are W-2 government contract positions.  I work on a Federal government contract; however, I am an employee of a large firm. In addition, we have subcontract employees who work for us on the contract (and I know that many of them are also W-2 employees).  In my case, I would be dealing with the HR department of my firm.

notashrimpwimp, with a degree in English have you considered editing/writing work that you might be able to do from home? I'm a technical writer and have previously worked as a technical editor and as a copy editor.  I could pretty much do my entire job remotely.  I do work from home from time to time (it's great when I'm really cranking on a major deadline and when DD is sick or off school for a snow day).

[notashrimpwimp]

Can you pass an in depth background check like 10 years? No judgment if you can't some people don't like the intrusion of character assessment. You needn't be perfect a couple of speeding tickets are probably okay and some debt. The reason I ask is the protections seem greater as a direct employee of a large organization. And yes, obviously ADA violations amongst others are going to occur so you would still need to form a strategy for grooming the environment into submission.

I have no tickets (or license) and the only debt I carry are student loans.

I think that photographic and/or audiovisual evidence would be ideal, barring any barriers (i.e. privacy laws).

[notashrimpwimp]

So it does get more complicated when you are not a direct employee --- being on contract to an organization is a whole different beast. I'm assuming you mean like you were a vendor to them, filled out a W-9, got a 1099 at the end of the year, etc. Even though it's wrong, there really aren't solid rules to protect you b/c I'm sure there is wording in your contract about "termination with no reason".  If there isn't - you could take them to court if they cut your contract early. A contract is a contract and binding, it just depends on the words in the contract.

In whatever-major-city near you there is probably a group/org/something that helps small business owners --- that includes the self-employed who work contract to contract. File yourself as a business, get a business license (which technically you need no matter what you do...if you get a 1099 for any reason...being a vendor w/ goods, selling/making goods, or being an office worker, programmer, etc. --- you should have a business license) --- once you have THAT you are a small business owner, and a female one at that. There ARE places to give you free legal advice, etc. and help, some grants even.

Good luck
Adrienne

They called me a temporary hire with a contract that could be renewed yearly. The biggest part of my classification was that I was not earning civil service while working.

Oddly, the place I worked last year made me fill out a W-4 and gave me a 1099 (and they wouldn't give me a pay statement either!).

I'll be sure to do that as it may come in handy should I be able to cobble together a living with my creativity. Thanks!

[notashrimpwimp]

There are W-2 government contract positions.  I work on a Federal government contract; however, I am an employee of a large firm. In addition, we have subcontract employees who work for us on the contract (and I know that many of them are also W-2 employees).  In my case, I would be dealing with the HR department of my firm.

notashrimpwimp, with a degree in English have you considered editing/writing work that you might be able to do from home? I'm a technical writer and have previously worked as a technical editor and as a copy editor.  I could pretty much do my entire job remotely.  I do work from home from time to time (it's great when I'm really cranking on a major deadline and when DD is sick or off school for a snow day).

I'm looking in to it.  I love to write and my last workplace liked the way I drafted correspondence and materials for a program they are running. I've been perusing literary magazines and the internet for advice on how to enter the market.

[maeve]

There are W-2 government contract positions.  I work on a Federal government contract; however, I am an employee of a large firm. In addition, we have subcontract employees who work for us on the contract (and I know that many of them are also W-2 employees).  In my case, I would be dealing with the HR department of my firm.

notashrimpwimp, with a degree in English have you considered editing/writing work that you might be able to do from home? I'm a technical writer and have previously worked as a technical editor and as a copy editor.  I could pretty much do my entire job remotely.  I do work from home from time to time (it's great when I'm really cranking on a major deadline and when DD is sick or off school for a snow day).

I'm looking in to it.  I love to write and my last workplace liked the way I drafted correspondence and materials for a program they are running. I've been perusing literary magazines and the internet for advice on how to enter the market.

Check the Society for Technical Communication online, there's also a freelance writer listserv.  Personally, while I love to fiction (mainly poetry), there's better money to be made in technical communication.