What is Narcolepsy
The main characteristic of narcolepsy is overwhelming excessive daytime sleepiness (EDS), even after adequate nighttime sleep. A person with narcolepsy is likely to become drowsy o...
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The main characteristic of narcolepsy is overwhelming excessive daytime sleepiness (EDS), even after adequate nighttime sleep. A person with narcolepsy is likely to become drowsy o...

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Filing a Complaint
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Has anyone ever had to file a complaint against an employer with the EEOC? I had written in a post a while back that I explained to my office manager about difficulties I was having with sleep paralysis, even went so far as to let her know I had contacted my Dr. about Xyrem. That was about a month ago, since then, she has begun to monitor my time of arrival very closely and repeatedly tells me that it doesn't matter if I make up the time because the fact is, I'm late. She went so far as to tell me that although the attorneys that I work for are very happy with my work, my lateness is something that has to be considered and will effect my bonus and raise. Friday afternoon after her rant, I had a severe anxiety attack which of course brought on a Cat attack (I don't fall, but do become very weak) and have been so stressed the whole weekend that the Xyrem didn't even work last night.
Luckily I've been working in law for about 10 years now and knew where to look. As of January, sleep disorders were specifically addressed in the amendment to the American's with Disabilities Act so the discrimination laws do apply to us. Tomorrow morning I am going to the EEOC to file a formal complaint against her, and unfortunately the firm I work for. I know that they cannot retaliate for the complaint, but I am still stressed and am not entirely sure what is going to happen after I open this can of worms tomorrow. Has anyone ever experienced anything similar or had to file an EEOC complaint? What should I expect when I go back on Tuesday? Posted on 10/05/09, 12:10 am |
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I haven't, and I don't, Tracey, but I also work for a law firm and have had a similar experience in that although I have told my employer about my diagnosis, and they have talked about being accommodating, they continue to harp on tardiness (which, to be honest, averages less than 10 minutes). They want me to change my hours, which is a ridiculous thought to me at this point, because that changes my sleeping schedule, my medicine schedule, and makes no difference in whether or not I'm late.
Anyway, please feel free to vent, and please keep us updated. I'm interested to hear how this goes. Good luck!
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They also suggested changing my hours and I explained to them that it wouldn't make a difference because it's a matter of getting out of bed, not commuting. As it is, I have my alarm set for 5 am to be out of the house by 7:30
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Just got back from EEOC, seems my office manager allowed me to go on, but never informed me that I need to sent H.R. the request in writing with supporting documents from my Dr, asking for flexibility with my arrival time, which I am more than willing to make up. After that I should be fine, but if they deny my request, I am to let EEOC know. So, Kidlet, if you want them to stop, just submit it in writing and see what happens.
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Thanks for the info, Tracey. I'll keep that in mind. We have our reviews coming up some time soon, so I imagine that will be the time I'll get a better feel for where we stand, as my position has been in quite a bit of flux lately and I think management has been feeling off-kilter about it as well as me.
I'm waiting to be able to call the last couple of months a horribly failed experiment we'll never attempt again (I temporarily went back to cover my old position for one of the other offices, and OMG has it changed since I did it last!), and get back on firmer ground. These days I can't tell what is justifiable and what is general anxiety and discomfort from feeling out of my element.
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Darn Lawyers... I say that only because i am one... Sorry I didn't see this post until you already went to the EEOC. Unfortunately, any process with the EEOC is usually very drawn out and can take months if not longer to address. I'm in CT and I have a case where the complaint was made more than a year ago and it hasn't even been assigned to an investigator yet. That being said, putting things in writing is always a way to put the firm on notice and to show you did what you could. I'd be sure to copy at least the managing attorney on the correspondence, because often times the office managers are put in charge but don't inform the attorneys of everything. The attorneys should have a different take on things, hopefully. As far as the ADA, it focuses on "reasonable" accommodations. If you are getting your work done and just need a bit of flexibility with when you get to work, unless it affects something, such as being in court or having to be present for meetings, then the accommodation should be reasonable. Same as naps in the afternoon, so long as you make up the time. I'm sorry that you are going through this. Unfortunately, until people get what narcolepsy is all about, they will continue to think it is a lack of discipline on our part. Stay strong, but also let them know that you are more than competent and that the narcolepsy affects your getting up in the morning, but does not compromise your work performance. That you are a good employee. Being singled out and treated poorly because of your condition, on the other hand, is affecting things.
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I have really thought about something. My neurologist suggested an attorney a couple of weeks ago. I work first and third shift rotations and get mandated to work at the drop of the hat. I have now developed migranes with shifting the Adderall and Nuvigil around. I was basically threatened with my job if I put in a Dr's slip saying I can't work third shift. If I do work just one shift someone else will get bumped and my coworkers will hate me. My father was killed in a car accident. Fell asleep they say, one month before I was born. I have 2 kids. I want them to have a mother. I can't continue like this, what choices Do I have? I'm writing this at 2:10 in the morning because I just got off night shift a couple of days ago and can't switch back.
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First I have to say, I'm sorry to hear about your father, that is so sad.
You should consider meeting with that lawyer and having him write a cover letter to go along with the papers from your Dr., my error was merely speaking to my office manager and not putting anything in writing, once that is done you are covered under the Americans with Disabilities Act. As long as you are physically able to perform your job and there are other people that can take that shift then it shouldn't be considered an undue hardship for them, an inconvenience, perhaps, undue hardship, I doubt it. Realistically, having people at your job hate you is a small price for protecting your life. I've realized that my pride of not wanting to admit this is a disability and not wanting to "inconvenience" others, has gotten in the way of doing right by myself. I'm exhausted and can't let that happen anymore, I'm more than ready, willing and able to work hard and help others but now I need others to do the same. I'm not sure if that's the case with you but when you speak with the lawyer and deal with your job make sure you keep your kids and your health in mind because they won't. Right now I'm waiting for the letter from my Dr. and I'm have a lawyer friend (from another firm) revew the cover letter I'm writing, because I received a disciplinary notice this week from my job about the lateness. I am going to cc the managing member of the firm along with the EEOC requesting reasonable accomodations in accordance with the ADA, which includes sleep disorders. Good luck and keep us updated, just make sure you speak to that lawyer.
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watch out for back stabbing employers
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Today I finally had a conversation with the attorney in charge of H.R. committee for my firm. I am so disgusted because he actually was trying to keep me focused on the reasonable accomodations but tried to justify my office manager's aggetative behavior since I told her about the Narcolepsy. Now I have to file a formal complaint with the EEOC. Turns out they fired someone else who has just filed a complaint, so this firm is in a lot of trouble.
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i am going through tribunal with my employers at moment, was getting on great there until i took couple days sick after i'd been on holiday and had trouble switching my sleep routine back.
after that, my employers have been doing everything they can to find reason to finish me or put stress on me to force me to resign, suffered bullying, harassment, and now been on sick 18 months because i now have chronic pain caused by fibromyalgia which i believe was caused by that prlonged stress, and even through my sickness and grievance procedure i have been going through they have continued to harass. well it's going to be a David and Goliath case but they have already stumbled at first hurdle, can't say too much at moment but the case is looking promising for me, if the stress of going through it doesn't kill me!
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