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Author Topic: question about discrimination  (Read 9259 times)

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Offline dorjus

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question about discrimination
« on: April 28, 2008, 02:06:43 pm »
 ???I was working for a temp agency in Florida and the lady at the actual job told me there was longevity in the position. The next week I asked for 2 hrs. off early to go get a vaccination and she said yes. Then after lunch she told me she called her doctor to find out what the vaccination could possibly be, since I wouldn't discuss my medical condition with her, and he told her possibly hepatitus. So because I wouldn't tell her my medical condition she fired me and said she doesn't feel safe in the same room with me. I was told I can't do anything because techniclly I was an employee of the temp agency. What do you all think?
D

Offline bear60

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Re: question about discrimination
« Reply #1 on: April 28, 2008, 02:10:49 pm »
I think it was wrong of her to even inquire about your medical condition. As long as you did your job, its none of her business. 
On the other hand if you had stayed on.....you might have quit because this person was in your business all the time.  Just saying.
Poz Bear Type in Philadelphia

Offline dorjus

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Re: question about discrimination
« Reply #2 on: April 28, 2008, 02:21:20 pm »
Well, she did ask what the appt. was for and I told her just a vaccination and she said for what and I told her I don't like to talk about it. Was that wrong? She was a very nosy, bitter woman that made fun of the customers often and she just wanted to know everything about me. That is why I said what I said. It was only a hep b shot to protect myself.
D

Offline GSOgymrat

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Re: question about discrimination
« Reply #3 on: April 28, 2008, 02:35:12 pm »
You don't want to work for her.

Offline bear60

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Re: question about discrimination
« Reply #4 on: April 28, 2008, 02:37:52 pm »
Exactly what business is it of hers to know anything about your vaccination...none. You didnt do anything wrong.
 Is she the boss or just another worker?
Poz Bear Type in Philadelphia

Offline Oceanbeach

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Re: question about discrimination
« Reply #5 on: April 28, 2008, 02:43:22 pm »
One reason employers use Temp agencies is to have skilled and tested employees at their job site and not be the employer of record.  The job site employer is not responsible for FICA, SUTA, FUTA or health insurance because the Temp agency is the employer of record, the actual job site may, at any time have an employee removed or replaced for any reason. The employee is still employed by the Temp agency but does not have a job site to report to until one is found by the Temp agency.  I have had to remove people from job sites because the job site employer did not like an employees dress or shoes.  Have the best day
Michael

 

Offline OneMoreGuy

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Re: question about discrimination
« Reply #6 on: April 28, 2008, 02:53:22 pm »
I am afraid to say Michael is right. Your actual employer is the temp agency and not the company where you were performing the actual job. Their contract is with the temp agency and not with you personally. Therefore, you have no recourse against them.

If you find a job directly with a company (and not through a temp agency) here is a website that can help you learn what your employee rights are in the State of Florida.

http://www.weblocator.com/attorney/fl/law/empind.html#120

Good luck.
Psychologist, PhD
Counseling patients with HIV since Jan 1991
HIV since Dec 2005
There are three parts to any successful relationship (platonic or romantic): trust, honesty and communication

Offline Central79

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Re: question about discrimination
« Reply #7 on: April 28, 2008, 03:42:33 pm »
I'm really appalled by this - I'm sorry you went through it. Like others have said she definitely doesn't sound like somebody to work for.

I'd mention it to the Temp agency and ask them what they're going to do about it - they may not be able to do anything but they should at least know about it. The other thing I guess is to perhaps give people less clues about what's going on - she projected all her infectious disease paranoia on to you because you were going for a vaccination. I find the catch all "doctor's appointment" or even "appointment" works just fine. My experience as a temp has been employers are pretty flexible so long as you let them know in advance and do the total amount of hours for the week.

Still, it's pretty sad you can't be more open but there are some weird people out there.

M.
Diagnosed January 2006
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Offline dorjus

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Re: question about discrimination
« Reply #8 on: April 28, 2008, 04:22:20 pm »
yeah she was just so negative. She was the manager of the storage unit. An old hag. lol
D

Offline Oceanbeach

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Re: question about discrimination
« Reply #9 on: April 28, 2008, 04:41:14 pm »
I would recommend just drop the matter of the job site employer and discrimination.  The client employer pays a percentage mark-up to the agency every week.  The temp business is very competitive, although they start at asking for a 60% mark-up, they will negotiate down to 20% mark-up, just to keep the client.  The client employer, at any percentage mark-up will always win and if percieved as a "trouble maker" and not get sent on other positions.

Most Temp agencies open to the public every Monday-Friday at 8:00 to 9:00 AM, but there is always someone there at 7:00 AM on the phones in case a client company may need staff to open that day.  The people who get placed the quickest are the ones who get up early, every day and call to see if there is any opening available that day.  Have the best day
Michael

Offline ga1964

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Re: question about discrimination
« Reply #10 on: April 28, 2008, 11:27:19 pm »
Since you are employed by the temp agency the lady can have you replaced without reason, not to say that it is right, but its true.  Sounds like your better off moving on so you don't have to worry about her wanting to butt into your personal life.  I don't know what the laws are in Fl., but here in Ga. you can be fired from any job with out reason.  Back in the early 90's Cracker Barrel fired any employee that they thought or knew were gay because they said that gay people did not fit with the wholesome family image that Cracker Barrel wanted to portray. 

Like I said before, it's not right, but that is the way things are and will continue to be until some people stop thinking that they are better than others for what ever reason.

Best wishes.

Offline rondrond

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Re: question about discrimination
« Reply #11 on: April 29, 2008, 12:37:04 am »
I remember the Cracker Barrel incident as my first lover worked for them at the time and suddenly was 'Straight acting"..ub2.....I was practically imprisoned in a tower with a small window and hidden from the public eye as he knew that I was 'out and proud". I personally could not believe that anyone would put up with that 'bull'...they didn't pay that great....he didn't have a corner office with a window..he was a part time waiter..after playing straight for them, he finally decided to quit.
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Offline ga1964

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Re: question about discrimination
« Reply #12 on: April 29, 2008, 12:53:24 am »
  I personally could not believe that anyone would put up with that 'bull'...they didn't pay that great....he didn't have a corner office with a window..he was a part time waiter..after playing straight for them, he finally decided to quit.

Untill America wakes up and puts sexual orientation in the definition of discrimination, those of us that live in smaller communities will have to put up with that crap. 

As an American living with HIV, I feel we have had enough "BUSH" in the White House.
« Last Edit: April 29, 2008, 01:00:48 am by ga1964 »

Offline BlueMoon

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Re: question about discrimination
« Reply #13 on: April 29, 2008, 06:53:18 am »
I'm sure it's discouraging but as others have said, you're probably better off not working for that hag anyway. 

When I take time off from work to see a doctor, I don't tell my job anything, only that I have an appointment.  I'll be a little late this morning because I have a dental appointment first thing, and I didn't tell them that either.  Ain't nobody's business but my own.
It's a complex world

Offline allopathicholistic

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Re: question about discrimination
« Reply #14 on: April 29, 2008, 09:31:17 am »
she fired me and said she doesn't feel safe in the same room with me.

First I wanna say I'm saddened to hear you went through this. I'm surprised you were able to even get that little bit of information (quoted above). it's super easy for 3rd party agencies to say practically nada even if they know everything (even petty stuff) the company said about you.

I was told I can't do anything

What were you planning on "doing"? You don't have to answer -  I'm just curious. ... Use of 3rd party agencies is a strategy companies LOVE these days for several reasons. "Liability Reduction" is a catch-phrase they use to pitch their business. The ugly truth is it translates into "Hey Corporate America, we have tons of cattle (read=temps) for you to choose from...They're just cattle. They don't have too many rights. You don't need to add them to your payroll ... You don't need to add them to your group health insurance... You can get rid of them whenever you feel like it- Just pick up the phone!"

Offline wishful

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Re: question about discrimination
« Reply #15 on: April 29, 2008, 04:04:07 pm »
"I don't know what the laws are in Fl., but here in Ga. you can be fired from any job with out reason"

Florida is the same...
Live life to the fullest...

Offline AndyArrow

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Re: question about discrimination
« Reply #16 on: April 29, 2008, 08:42:59 pm »
What a horrible thing to be put through and unfortunately it is true that you have very little recourse since you weren't technically an employee.  If moving on and trying to put it in the past isn't working for you then I would suggest writing or calling the corporate headquarters as well as your state legislators and governor.  It probably won't make a big difference but it will help you get it off your chest and if they receive enough complaints that might actually do something, although I wouldn't hold my breath.
It is not the arrival that matters.  It is the journey along the way. -- Michel Montaigne

Offline dusty99

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Re: question about discrimination
« Reply #17 on: May 05, 2008, 07:00:14 pm »
Although, she did violate HIPPA, she is not allowed to ask ANY questions about your medical situation. This is federal law. Unfortunately, as stated before, you really don't have much recourse. Of course, you could drop an annon tip about it to the labour board, but you would have to be very creative about how to get that info to them. God knows what she would do to someone the company might choose to bring on full time.
17 Mar 08: diagnosed
31 Mar 08 CD4: 565,  30%  VL: 28,900
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25 Oct 08  CD4: 308   34%  VL: 68,000
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Offline Basquo

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Re: question about discrimination
« Reply #18 on: May 05, 2008, 07:31:07 pm »
Although, she did violate HIPPA, she is not allowed to ask ANY questions about your medical situation. This is federal law. Unfortunately, as stated before, you really don't have much recourse. Of course, you could drop an annon tip about it to the labour board, but you would have to be very creative about how to get that info to them. God knows what she would do to someone the company might choose to bring on full time.

How exactly did she violate HIPAA?  I'm not reading that someone's PHI (Protected Health Information) was released inappropriately. If she violated HIPAA, there be plenty of recourse (although not nearly enough in my opinion; a fired worker ought to be allowed one hard bitch-slap in the case of ignorant hicks like the gem above.)

And dorjus, everyone's right, you do NOT want to work under her!

Best,
Creighton

Offline dusty99

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Re: question about discrimination
« Reply #19 on: May 05, 2008, 08:23:21 pm »
Because the employer isn't even allowed to ask about any medical situation, aside from an on the job incident. I found this out when I was at my last job, my boss got his but chewed out because he asked a co-worker of mine about why she needed time off for a doctor's appointment. The department head said you cannot even ask about any of that. She had just gotten back from a training about it and they stressed that the company could be sued for it under HIPPA
17 Mar 08: diagnosed
31 Mar 08 CD4: 565,  30%  VL: 28,900
21 May 08 CD4: 600,  37%  VL: 13,000
25 Oct 08  CD4: 308   34%  VL: 68,000
19 Nov 08 Started Atripla
16 Dec 08  CD4: 580   42% VL: 70
27 Jan 09  CD4: 490   41%  VL: undetectable
24 Mar 09  CD4: 565   42%  VL: undetectable
30 Jun 09  CD4: 615    41% VL: undetectable
25 Sep 09  CD4: 595    47% VL: undetectable

Offline redhotmuslbear

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Re: question about discrimination
« Reply #20 on: May 05, 2008, 08:31:52 pm »
I differ on the matter of the work site employer's liability under Title VII.  A job offeror cannot hide behind a temp firm or any other agent in order to perpetrate a discriminatory act.  A client cannot make a discriminatory request of a recruiter and then hide behind the recruiter. This is because the recruiter is acting as the client's agent, and people are generally liable for unlawful acts of their agents. Conversely, a recruiter cannot discriminate and use the client's discriminatory request as its defense. Client/customer discrimination has never been a defense to discrimination.

If I were you, I would place a call to the EEOC and your local human rights board, if any, tomorrow to start an investigation.  If the woman is so ignorant, she should not be in business.

David
"The real problem is not whether machines think but whether men do." - BF Skinner
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Offline GSOgymrat

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Re: question about discrimination
« Reply #21 on: May 05, 2008, 08:53:56 pm »
I thought HIPAA applied to healthcare providers.

Offline Assurbanipal

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Re: question about discrimination
« Reply #22 on: May 05, 2008, 09:53:11 pm »


I thought HIPAA applied to healthcare providers.
HIPAA was quite a broad bill with provisions that apply to healthcare providers and general prohibitions as well.  See the following from the conference report

The bill would define the offense of wrongful disclosure of individually identifiable health information as instances when a person who knowingly (1) uses or causes to be used a unique health identifier violation of a provision in this part, (2) obtains individually identifiable health information relating to an individual in violation of a provision in this part, or (3) discloses individually identifiable health information to another person in violation of this part. A person committing such an offense would be required to (1) be fined not more than $50,000, imprisoned not more than 1 year, or both; (2) if the offense was committed under false pretenses, be fined not more than $100,000, imprisoned not more than 5 years, or both; and (3) if the offense was committed with intent to sell, transfer, or use individually identifiable health information for commercial advantage, personal gain, or malicious harm, fined not more than $250,000, imprisoned not more than 10 years, or both.

http://thomas.loc.gov/cgi-bin/cpquery/?&dbname=cp104&sid=cp104J7xE7&refer=&r_n=hr736.104&item=&sel=TOC_806772&

5/06 VL 1M+, CD4 22, 5% , pneumonia, thrush -- O2 support 2 months, 6/06 +Kaletra/Truvada
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2007 VL<400, 70, 50 CD4 408-729 16.0% -19.7%
2008 VL UD CD4 468 - 538 16.7% - 24.6% Osteoporosis 11/08 doubled Pravachol, +Calcium/D
02/09 VL 100 CD4 616 23.7% 03/09 VL 130 5/09 VL 100 CD4 540 28.4% +Actonel (osteoporosis) 7/09 VL 130
8/09  new regimen Isentress/Epzicom 9/09 VL UD CD4 621 32.7% 11/09 VL UD CD4 607 26.4% swap Isentress for Prezista/Norvir 12/09 (liver and muscle issues) VL 50
2010 VL UD CD4 573-680 26.1% - 30.9% 12/10 VL 20
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Offline allopathicholistic

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Re: question about discrimination
« Reply #23 on: May 06, 2008, 09:59:01 am »
I differ on the matter of the work site employer's liability under Title VII.  A job offeror cannot hide behind a temp firm or any other agent in order to perpetrate a discriminatory act.  A client cannot make a discriminatory request of a recruiter and then hide behind the recruiter. This is because the recruiter is acting as the client's agent, and people are generally liable for unlawful acts of their agents. Conversely, a recruiter cannot discriminate and use the client's discriminatory request as its defense. Client/customer discrimination has never been a defense to discrimination.

Please tell me you realize many clever unsavory methods are invented to circumvent these principles. Awhile back there was an exposee on the local news about a temp agency that spoke in code in cahoots with a company and were stupid enough to add the codes to their files. "AABB" meant All American Blond and Blue. "Corporate appearance" is a common phrase when agencies put out feelers and they know it can be interpreted in a million ways. Honey, I worked on Wall Street for over 9 years. If I shared a fraction of the vile stuff that went on there you'd lose a lot of faith in America. What you wrote is all good in the hood - in theory of course.

Offline Basquo

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Re: question about discrimination
« Reply #24 on: May 06, 2008, 11:33:40 am »
HIPAA was quite a broad bill with provisions that apply to healthcare providers and general prohibitions as well.  See the following from the conference report

The bill would define the offense of wrongful disclosure of individually identifiable health information as instances when a person who knowingly (1) uses or causes to be used a unique health identifier violation of a provision in this part, (2) obtains individually identifiable health information relating to an individual in violation of a provision in this part, or (3) discloses individually identifiable health information to another person in violation of this part. A person committing such an offense would be required to (1) be fined not more than $50,000, imprisoned not more than 1 year, or both; (2) if the offense was committed under false pretenses, be fined not more than $100,000, imprisoned not more than 5 years, or both; and (3) if the offense was committed with intent to sell, transfer, or use individually identifiable health information for commercial advantage, personal gain, or malicious harm, fined not more than $250,000, imprisoned not more than 10 years, or both.

http://thomas.loc.gov/cgi-bin/cpquery/?&dbname=cp104&sid=cp104J7xE7&refer=&r_n=hr736.104&item=&sel=TOC_806772&



Your link is from before the Privacy Rule was activated. Now that it's been in place for 5 years, we're finally seeing some rulings on various cases.  Many of those reflect what GSO said, that it applies to healthcare providers. Case in point: an employer told a son that his dad had failed a drug screen.  He sued, he lost, because the employer was not a healthcare provider.

A lot of people hide behind HIPAA, and a lot of people are scared of it. I've yet to see where it says it's against the law to ask someone what's wrong with them, yet a lot of people have this perception, and have even been trained so.  To violate HIPAA, you would need to disclose that information after you learned it.

I find it really ironic that people want to point fingers and scream HIPAA when they can't even spell it.

Offline Assurbanipal

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Re: question about discrimination
« Reply #25 on: May 06, 2008, 06:41:24 pm »
Your link is from before the Privacy Rule was activated. Now that it's been in place for 5 years, we're finally seeing some rulings on various cases.  Many of those reflect what GSO said, that it applies to healthcare providers. Case in point: an employer told a son that his dad had failed a drug screen.  He sued, he lost, because the employer was not a healthcare provider.

A lot of people hide behind HIPAA, and a lot of people are scared of it. I've yet to see where it says it's against the law to ask someone what's wrong with them, yet a lot of people have this perception, and have even been trained so.  To violate HIPAA, you would need to disclose that information after you learned it.

I find it really ironic that people want to point fingers and scream HIPAA when they can't even spell it.
Your link is from before the Privacy Rule was activated. Now that it's been in place for 5 years, we're finally seeing some rulings on various cases.  Many of those reflect what GSO said, that it applies to healthcare providers. Case in point: an employer told a son that his dad had failed a drug screen.  He sued, he lost, because the employer was not a healthcare provider.

A lot of people hide behind HIPAA, and a lot of people are scared of it. I've yet to see where it says it's against the law to ask someone what's wrong with them, yet a lot of people have this perception, and have even been trained so.  To violate HIPAA, you would need to disclose that information after you learned it.

I find it really ironic that people want to point fingers and scream HIPAA when they can't even spell it.

Dorjus

I think we may have gotten a little off track with your question asking what we think.  We all sympathize -- that person was a jerk!

In addition some of us believe that it's possible that you may have the basis for a lawsuit.  I agree with Basquo's general comment that you are not likely to have a claim under the HIPAA privacy rule.  However, I also believe that David (Redhot) was correct in suggesting that if you want to consider pursuing a case you should get in touch with the local EEOC office.  The fact that an employment agency was in the mix does not necessarily mean that one cannot pursue a case.  Here's an 800 number for the EEOC if you want to call them and talk about whether you have grounds to pursue a claim.  1-800-669-4000.  You may or you may not have a claim that you want to pursue, but the way to find out would be for you to speak with them.  You can find out more about the anti-discrimination laws at this link. http://www.eeoc.gov/facts/qanda.html  Alternatively you could approach your local legal aid society or see if your local ASO can refer you to a lawyer for an initial consultation.

I suggest that you tell them your story and avoid the technicalities as to which law applies (its probably the Americans with Disabilities Act, but just like medicine, free diagnoses over the Internet are probably worth what you pay for them). 

Basquo et alia,
No hard feelings guy, but it took me 5 years !! to learn how to spell HIPAA . . . you really touched a sore soot there   ;D
Seriously, I think you are absolutely right that the HIPAA Privacy rule does not prohibit a coworker from asking someone what is wrong with them. Many employers take a somewhat cautious approach to that type of question based on employment discrimination rules such as the ADA or state laws, but that's not a HIPAA Privacy rule issue.  It is, however, not correct to assume that the HIPAA privacy rule applies only to health care providers; it also applies to insurers and, through business associate agreements, to a surprisingly large number of individuals at (typically large) employers who analyze health plan issues or otherwise receive data from an insurer or TPA on a health plan.  HIPAA also has many provisions in addition to the Privacy rule which apply to a variety of entities.  The link was purposely to the conference report that accompanied the original bill as passed. Conference reports are prepared by the Congressional staff and are designed to track the history and somewhat the intent of the provision -- they also tend to be written in plainer English that regulations issued by HHS  :) 
The reference to Title VII by David (Redhot) appears to have been to the Civil Rights Act, which covers discrimination on the basis of race, color, religion, sex, or national origin -- employment discrimination claims on the basis of health status are more likely covered under the ADA, but its the same agency (the EEOC) that handles both.  But the EEOC is definitely among the right places to go.

Regards
A (not a lawyer, but have been kibitzed by a lot of 'em)


5/06 VL 1M+, CD4 22, 5% , pneumonia, thrush -- O2 support 2 months, 6/06 +Kaletra/Truvada
9/06 VL 3959 CD4 297 13.5% 12/06 VL <400 CD4 350 15.2% +Pravachol
2007 VL<400, 70, 50 CD4 408-729 16.0% -19.7%
2008 VL UD CD4 468 - 538 16.7% - 24.6% Osteoporosis 11/08 doubled Pravachol, +Calcium/D
02/09 VL 100 CD4 616 23.7% 03/09 VL 130 5/09 VL 100 CD4 540 28.4% +Actonel (osteoporosis) 7/09 VL 130
8/09  new regimen Isentress/Epzicom 9/09 VL UD CD4 621 32.7% 11/09 VL UD CD4 607 26.4% swap Isentress for Prezista/Norvir 12/09 (liver and muscle issues) VL 50
2010 VL UD CD4 573-680 26.1% - 30.9% 12/10 VL 20
2011 VL UD-20 CD4 568-673 24.7%-30.6%
2012 VL UD swap Prezista/Norvir for Reyataz drop statin CD4 768-828 26.7%-30.7%
2014 VL UD - 48
2015 VL 130 Moved to Triumeq

Offline pinkadam

  • Member
  • Posts: 80
Re: question about discrimination
« Reply #26 on: May 06, 2008, 09:16:26 pm »
???I was working for a temp agency in Florida and the lady at the actual job told me there was longevity in the position. The next week I asked for 2 hrs. off early to go get a vaccination and she said yes. Then after lunch she told me she called her doctor to find out what the vaccination could possibly be, since I wouldn't discuss my medical condition with her, and he told her possibly hepatitus. So because I wouldn't tell her my medical condition she fired me and said she doesn't feel safe in the same room with me. I was told I can't do anything because techniclly I was an employee of the temp agency. What do you all think?

Thats not true. That bitch cannot fire you beacuse you are a temp. You may not have same rights as a permanent employee but you still have rights. Check with EEOC , they will take care of her and her company. This is a lengthy procedure. If you patient enough , you might be successful with your lawsuit.

Pink

Offline dorjus

  • Member
  • Posts: 49
Re: question about discrimination
« Reply #27 on: May 07, 2008, 12:26:15 pm »
Well, I checked with EEOC and they said there is nothing they can do because she did not know of my pre-existing illness. It is not considered discrimination because she "assumed" it was hepatitus. She would have to KNOW what the illness is then fire me. Thanks for the comments guys.
D

Offline Oceanbeach

  • Member
  • Posts: 3,564
Re: question about discrimination
« Reply #28 on: May 07, 2008, 07:52:41 pm »
Has the agency found you another position?  Have the best day
Michael

Offline dorjus

  • Member
  • Posts: 49
Re: question about discrimination
« Reply #29 on: May 07, 2008, 07:56:34 pm »
nope. Now they won't even return my calls. Not a big deal. Found new job at check cashing place and learning my Spanish. Adios.  :P
D

Offline Basquo

  • Member
  • Posts: 3,385
Re: question about discrimination
« Reply #30 on: May 07, 2008, 09:11:14 pm »
nope. Now they won't even return my calls. Not a big deal. Found new job at check cashing place and learning my Spanish. Adios.  :P

Well, if you are no longer with that agency, what would be the harm in calling that bitch once a day and asking her to explain herself? ;D

Or, seriously, is there any case since the agency dropped you?

Offline dorjus

  • Member
  • Posts: 49
Re: question about discrimination
« Reply #31 on: May 08, 2008, 09:15:14 am »
no because the agency can just say there isn't any work out there. So it there is nothing I can do but God will take care of it. I am a firm believer in Karma.  ;D
D

Offline pinkadam

  • Member
  • Posts: 80
Re: question about discrimination
« Reply #32 on: May 08, 2008, 07:49:48 pm »
no because the agency can just say there isn't any work out there. So it there is nothing I can do but God will take care of it. I am a firm believer in Karma.  ;D

Sorry my friend. I hope bus may hit that bitch and she will be handicaped for rest of her life then she can understand the pain

Offline dorjus

  • Member
  • Posts: 49
Re: question about discrimination
« Reply #33 on: May 08, 2008, 10:53:15 pm »
WOW! LOL! I hope I don't ever get on your bad side. Love ya kid. LOL! ;)
D

 


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