Employer not following accommodations

[HopelessHR]

So I have chronic PTSD. It stems from a horrific car accident that I survived. My employer, a public school district, has given me nothing but grief for seven years over my accommodations, which are minimal. I have not had any performance issues and my accommodations are not of undue hardship-as they are pretty much self regulated . The problem lies in the fact that they continually harass me about providing updated medical documentation from my medical professionals and seemingly trying to suggest why my accommodations are not needed. In that sense, they again violated them yesterday. At this point I have involved my union and union lawyer, but I’m beside myself about what to do.

These people are not trained in HR. They are Ed leadership. Any suggestions? I’m so beyond all of this.

 

[Friday]

An advocate.

Spent 3 years fighting for an IEP & 503 for my kid. Advocate enters the ring? 2 days.

My godsister has been teaching for 20. Back injury, and? Same. Durn. Deal. Attempting anything herself met with insane/illegal pushback. An ADA advocate? She has maybe 2 emails per year to handle. Versus hundreds of hours of eye crossing nonsense between principal, other teachers, union, doctors, insurance, principal, teachers, (un)merry-go-round of insanity.

Having someone fight the bs politics for you? Priceless.

 

[Movingforward10]

Gosh that sounds soooo frustrating. I'm sorry they are like that.

Is there someone above you can raise this with?
If it's a school, is there a board of governors? To get it resolved once and for all?

It's good you have the union. And a lawyer. All that takes a lot of energy.

 

[HopelessHR]

We do have a board of education, which sadly, sides with the administration. I’m pretty much everything. At this point, I am thinking my next step will be to pursue an EEOC charge of discrimination? Has anyone else done this?

 

[whiteraven]

@HopelessHR What about Friday's idea of finding an advocate?

 

[Charbella]

What are the accommodations?

Honestly if they’re brazen enough to not follow them they aren’t likely to change if you sue, they are likely to find a different reason to fire you.

Is it possible you’re reading into their reactions? Are they saying something?

 

[whiteraven]

What are the accommodations?

I wonder this also. And what they are doing to violate them.

The problem lies in the fact that they continually harass me about providing updated medical documentation from my medical professionals and seemingly trying to suggest why my accommodations are not needed.

Do you know if their requests are reasonable? I mean, do they actually require the documentation per their policies or the law? Maybe it's more that they need it by law and not that they want it to prove you don't need the accommodations? Just brainstorming here.

I am thinking my next step will be to pursue an EEOC charge of discrimination?

Without understanding what your accommodations are and how they are being violated, it's hard to make suggestions for moving forward. If you can, could you talk a little more about what's going on? I'm glad you have a union and attorney--it would be very hard to go this alone!

 

[Sideways]

These people are not trained in HR. They are Ed leadership. Any suggestions?

If this was happening in my workplace, I’d want to find a constructive or collaborative way forward, because I love my job and I have an immense amount of respect for the people in my team.

If I didn’t have that, I’d maybe fight it. But, most likely I’d go somewhere else because I doubt I’d be able to keep working there after that kind of fight.

If it went to a mediation as part of the fighting process, I personally wouldn’t need much assistance to facilitate a decent mediation in my workplace. We have a good HR and WHS team who could help me with that without bringing in the awkwardness of an external party (and that option would remain on the cards if I started with internal options, if those options didn’t work).

So, collaboratively, I’d arrange a coffee meeting with my manager, and talk to her about my condition, and how the accommodations help me get my job done well. Heavy on facts: these are the symptoms I have, this is why these accommodations help).

But mostly, that meeting would be fact-finding. Are there reasons why they can’t meet those accommodations, and can we work through those or find alternatives? My T may be able to help me troubleshoot alternatives if my manager can’t. That conversation is going to need to be big on assertive communication and respectful active listening skills - so I’ll need to prep for it for sure.

Only reason I mention that is the fight/flight thing with ptsd, combined with the low confidence level that often comes with it, folks round these parts very often underestimate their ability to advocate for themselves. The sense of agency that comes from trying that can be immense - be even if it doesn’t work this time round, the skills from those sorts of conversations are so friggin useful throughout your career, in a range of scenarios.

I’ve tackled this in my workplace with team meetings, that were completely overwhelming for me because of the amount of stimulus from the environment - we have those meetings in quieter, naturally lit rooms now, and I wear sunnies have sensory tools to help me stay grounded. My manager actively intervenes if too many people are talking. The team helps me with that, because I went in to the conversation with a problem-solving approach, rather than a confrontational approach.

 

[alwaysworkingthruit]

So to provide a little more context. I am a tenured teacher who has devoted 25 years to this district. I’ve only had accommodations for the last seven years. They are pretty basic: they include things like not having to attend assemblies, and instead, being able to supervise in other places; a quiet place to work if my classroom is being used; advance notice for a change in my day-to-day scheduling or meetings, etc; and having advanced notice for unannounced drills. Most of this is so that I do not have a panic attack in front of children.

Last week they did not let me know about an unannounced drill. And then on Thursday, when our students had graduation at 5:30, HR came to my classroom and told me I had to attend the graduation because it is different than an assembly. that in itself is not advanced notice in my day-to-day scheduling, and graduation is thousands of people as compared to an in-school assembly where I am familiar with the venue and can leave if needed .


I’ve never heard of an advocate except for students. I will tell you that I am held to the fire if I do not follow 504 an IEP accommodations, and yet my own employer is not following my accommodations under the ADA.

Additionally, even though my doctor has provided documentation that this is a chronic condition of PTSD, I am required to provide paperwork from him on an annual basis to confirm that I still have the diagnosis.

There are so many other things they have done regarding HIPAA violations and so forth, but right now I’m just just focused on them, not meeting my accommodations and next steps

 

[whiteraven]

I am required to provide paperwork from him on an annual basis to confirm that I still have the diagnosis.

I can't speak to the rest (except I would likely be GONE if I were not given notice of a drill--even if it were an unintentional oversight, I can't manage them at all), but this has been true in every place I have worked. An annual update and assessment is required to make sure the accommodation is still necessary, if it's working to alleviate any issues, or if it needs to be adjusted. Not uncommon at all.

 

[Charbella]

In your initial post you said you’re pretty much in charge of your own accommodations but this is not true, AT ALL. All of these require someone else. Someone to watch your class if you aren’t in the assembly with them, someone to tell you of everything in a timely manner.

I’m a teacher and I totally get why these things are burdensome for you BUT you’re also asking for a lot. The drills should be standard protocol for students with autism that the IEP team oversees so maybe reach out to them on that one. Train your class/classes on assembly behavior and then have a partner teacher you seat them by in case someone has forgotten to accommodate you. Find another space your comfortable with and a go bag for when they have to use your room, I suspect if this isn’t common place you’re asking for something that can’t happen. Sick teacher and combing two classes is an immediate thing, giving advance notice when they found out an hour ago is nearly impossible depending on your definition.

Graduation that was some jerk thinking they could skirt the rules, which makes me wonder who you pissed off either intentionally or not. Also if you have tenure they could just be wanting to rid themselves of someone who makes more money, it’s likely they could hire two teachers for your salary which sucks but is reality.

I’d suggest some good quality noise canceling ear buds to make it so you have something to rid yourself of the noise if your painted into a corner.

I get what you’re saying by your entitled to these accommodations and their being jerks, but having taught for a very long time I also get that it’s probably the one job (ironically as they’re always wanting us to accommodate our students) where getting these needed accommodations isn’t going to be 100% and I’m not sure they are legally in the wrong. I think they’re working right on the line.

Things like graduation isn’t an assembly, true but what moron doesn’t get they are in the same category, so next year have your physician be less specific in some areas and more in others. Such as 24 hours notice (is it quantified?) of a drill or someone taking over your classroom or changes to your schedule, but broader like being excused from large gatherings of more than say 100 people.

Think through all the ways you feel they’ve violated your rights and see if your accommodations need to be rewritten. Think about that kid with an IEP written who doesn’t need it but parents have bullied their way into it and ways you or other teachers have skirted the line. Personally I had a kid who’s read accommodated homework and they were finishing in class every time so I took one hard problem off his homework because that was accommodated and he didn’t need more, I wasn’t serving his needs by giving him less I was rewarding his laziness.

If your accommodations are being viewed negatively, ask, what the hiccup is, is it your working with jerks and you need a new job or have they been written with a lack of clarity and your being viewed as lazy as opposed to needing help.

 

[alwaysworkingthruit]

In the craziest part… I let my principal know that I would not be attending graduation. He responded with the fact that it wasn’t acceptable, but didn’t question any of the other teachers who emailed or did not.