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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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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Reply #11 - 11/04/09  7:14am
" yes I HAVE filed a complaint with the EEOC. The agency is not all it cracked up to be, there will be bad feelings. There fact finders are great at pulling everything out and dealing with just the facts. The best thing to do is just work it out together with your superviser.

From this point on your work relationships will get very cold. People will pull away and just stay away ,even if you win or are right.

It has stayed with me for 22 years, and yes there is retaliation. My opinion is almost to change jobs if you can not work out some flex start time. Instead of using eeoc, have your att. write a letter explaining your condition and your needs. Good luck "
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Reply #12 - 11/04/09  1:25pm
" I have gone through the desired course on this, I contacted the attorney in charge of H.R. here and we had a meeting yesterday - he actually tried to make me feel guilty and tried justifying her behavior toward me. I'm already looking for something else because I decided a long time ago that I can't stay here but they've kept me to busy to seriously look. I have a few prospects right now but regardless of whether I find something before I file, I don't feel I have a choice.

Before I sat the office manager down and explained to her why I was late more and more often she never behaved in an antagonistic manner, but once I told her about it, her entire attitude toward me changed and although I pointed this out in the meeting he "blamed the victim". I realize that his position is to protect the firm and try to resolve these issues, but, for a firm that supposedly has a strick policy against Harassment, she's not even getting a slap on the wrist for what she's put me through.

Thanks for the info Xyremhappy, I really appreciate it. B/T/W the Xyrem is making a big difference since I started taking it - its only been about a month but I'm sleeping a lot better and can function during the day.

T "
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Reply #13 - 11/04/09  4:25pm
" I'm in there with her. I have explained over and over again that narcoleptic people can't switch shifts like they do to me. The next 6 month schedule has come out and they sure punished me for it. I have more third shift rotations than I ever did. I have to do something. I can't keep calling off with migranes everytime I switch over (it would be 12 times.) I can't put the kids through it too. I'm going to have to contact a lawyer. The bad part is if they come back and take it out on my coworker's it's going to be an even harder place to work. I'm so sick of this I have been crying for over an hour now. I don't cry. "
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Reply #14 - 11/05/09  7:46am
" I am suspension from my job since 9/16--have talked to attendance depart.repeatedly but they tell me nothing--My doctor goes through their doctor fora "fit for duty eval." My dr. was told by them last week that I have to be back to work by 11/30 w/o wheelchair, helmet (for when I fall) and able to perform all job duty's or I will be fired. Called attendance officer yesterday to give update and let them know I have a diagnosis--mentioned the 11/30 issue and she glossed over it--which is what she has done for the whole time. Looking at the ada laws, I don't think it will be worth fighting them--Ohio is a "at will" state and if they want to get rid of me-they will find a way. Hope your sit woks out "
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Reply #15 - 11/09/09  7:46am
" Don't be fooled by the "at will" statement, under no cirucumstances can an employer fire somone when it is discriminatory. NY is an "at will" employment state and for the most part they can fire anyone at any time, however, they can not fire someone when it is based on race, sex, disability, etc. Regardless of the state's policy, the EEOC is a federal agency in place to investigate these instances and rectify the situation. Speak to an employment lawyer in your area, be completely honest about your condition and how it does or does not effect your ability to do your job because they can tell you what your rights are. "
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Reply #16 - 11/17/09  11:14pm
" From one "tirednurse" to another. I had the same problem with having to work rotating shifts. I did them for about three years, struggling through, but after I had my daughter, my N and C got worse and I needed to go to straight day shifts. When I approached my nurse manager about this, having already disclosed my N, and being one of the most senior nurses on the floor. (I do peds onc, we have a very quick turn around of employees) I was sent to Occ. Health and given a "fitness for duty", which included a battery of very personal questions with the Occ health nurse, a physical, a drug test, and best of all a psychological evaluation. Well when I was all done I marched my tired little butt to the EEOC officer and told him what happened. He was nice enough to call the Occ. Health department and let them know I was going to try to file a complaint. To make a long story short--my mother is a disabilities advocate and I now work straight days and we have a new EEOC officer. You have rights just like anyone else working with a disability---sleep disorders were addded to the ADA in January and Neurologic Disorders have been there forever-so they can take their pick. And don't let them give you that take it like a nurse and be self sacrificing crap--we are professionals like anyone else, we are not the martres or mother of the healthcare system. "
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Reply #17 - 11/17/09  11:41pm
" Honestly, I did not read all the post because you said something that caught my attention that I had to respond. "hey want me to change my hours, which is a ridiculous thought to me at this point" I do not know about you, but when I have these attacks, they are not predictable. I do not know if I am going to have one at work or driving (which I make my husband do most of) or anytime for that matter. I know when I get up that some days are worse than others. But overall, I have found that the best thing for me is sticking to a very strict schedule of sleep and changing your hours would just make your life more difficult. Good luck to you and I applaud you for fighting for your rights. I think more people need to be aware that N can be devastating and that WE do not have control over it, just as people with other disabilities do not have control. "
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Reply #18 - 11/19/09  1:02am
" Hello Holly. Let me help you understand. Tracy needed to adjust her hours, because she suffers from sleep paralysis and can't move to get out of bed in time.

Sleepette and myself have to work shifts. One thing that Narcoleptics should do is keep a strict schedule of going to bed and waking up around the same time.

My shift work consists of working 8 days without a day off. Sat. Sun. and Mon.(into Tue.) I will work 10 pm. till 6:30 am. Then I will finish Wed. Thurs. Fri. Sat. and Sun. 6 am. till 2:30 pm. No day off inbetween. Now if there is a call off, we will now pull a 16 hour shift. So you take your meds at a different time so you can work all that time. Not to mention take one so you can drive home. Now you have only 7 1/2 hours before you are to start your next shift. 1 hour to drive home and back (6 1/2) 2 to 3 hours to be able to wear off the effects of the medication you took to drive. Hopefully wake up in enough time to shower. Maybe 2 to 3 hours of sleep.

Normal people can't do this, but we are expected to. As Sleepette said, "suck it up because you are a nurse". We do hear this. I have heard, "If you can't handle it get a job that you can." In nursing there are very few jobs that do not have 3 shifts a day. You have to stay if someone calls off. Most new positions offered to a new employee is rotating shifts. Nobody wants them. I carry the benifits for the kids, I can't mess that up. Doctors offices and school nursing don't pay anything. That is the reason that we need a change. I just need to not rotate shifts.

Thanks, I think everyone should fight for their rights, If they don't their bosses will walk all over them. "

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