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TwixVoy Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Aug-10-08 10:40 AM
Original message
I am pissed (discrimination at work)
My self and another manager in an equal position sat down with a high level manager to discuss review scores. (basically the boss of our boss) Review scores that decide a persons annual performance rating and raise.

The whole thing was going somewhat normal. She was a little pushy about some things, but overall normal.

So then we get to discussing the performance of one of our employees who has a mental disability. She is a very old cashier and has trouble always figuring out the correct change, gets confused extremely easily, things like that.

So she starts saying we should mark her overall review score down because of that. I tell her that "We can't really mark her down because of her mental disability" and then she responds to me "Because it effects her job yes we can and we will" and she wrote down a lower overall review score for her.

A little while after we got out of the meeting I got with my peer that was in it with me about what was said. She agreed with me that it was wrong, but wasn't willing to do anything about it. I spent 45 minutes with her trying to convince her that we report this to corporate, and that I needed her to be willing to confirm what was said otherwise it was my word against someone elses. All it came down to was she was worried we'd be retaliated against and be fired and wouldn't even consider it.

I am so pissed. I am also pissed because this upper level manager is seen publicly as being OH SO CONCERNED about volunteering in the community to help people who are less fortunate.

I feel sickened today.
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aikoaiko Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Aug-10-08 10:48 AM
Response to Original message
1. Counting correct change would seem to be an essential job function of being a cashier
Edited on Sun Aug-10-08 10:49 AM by aikoaiko
Modern cash registers tell you exactly the change to be returned. I don't see this is illegal discrimiantion. Is there a reasonable accomodation beyond the register telling the cashier what to give back?

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TwixVoy Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Aug-10-08 10:52 AM
Response to Reply #1
2. We have various positions
all around the store. A reasonable accomadation would be to move her to a different position, not keep her in that one and use it as a reason to discriminate behind closed doors.

She also is good about not making those mistakes often, however it does happen because of her disability. I don't see why she should be scored down when those are understandable mistakes that everyone in management KNOWS she is going to make when we put her in that position.
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aikoaiko Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Aug-10-08 11:02 AM
Response to Reply #2
6. Sure, if she can do other jobs thats fine, but finding a new position is not required.

Its a nice thing to do, but not required.

Have you spoken up about getting her reassigned?
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Kansas Wyatt Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Aug-10-08 11:04 AM
Response to Reply #2
8. Talk with the employee yourself.
Keep your mouth shut in an official manner, but question this employee if they would like to do something other than being a cashier and tell this employee to approach management about trying a different, more accommodating position because of their disability.

By the way, this sets up a record for legal action if need be.
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billyoc Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Aug-10-08 10:54 AM
Response to Original message
3. An unfortunate situation, the bosses(as usual) sound like assholes, but it you have trouble counting
money, I suggest not seeking employment as a professional money counter.

I'm an Ironworker. If I lose a limb, they're not going to let me climb skyscrapers anymore, even though it's illegal to discriminate against the disabled. Even though I'm a member of a powerful union. Even though I *really* love climbing skyscrapers.

That just wouldn't be the job for me anymore, and nobody would say it was.
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TwixVoy Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Aug-10-08 10:55 AM
Response to Reply #3
4. We could have her hanging clothes instead
the fact is upper management put her in that position knowing full well she would have problems.
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pop goes the weasel Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Aug-10-08 11:13 AM
Response to Reply #4
10. so she has been set up?
It sounds like your higher manager doesn't like people with mental disabilities and has arranged things in order to have an excuse to get rid of disabled employee. What can you do to get the employee moved out of her current position into one for which she is better qualified?

And maybe you could write a letter and have it notarized, just in case. Even though your fellow manager is afraid of retaliation, you can at least document what happened.


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isentropic Donating Member (344 posts) Send PM | Profile | Ignore Sun Aug-10-08 10:56 AM
Response to Original message
5. If she can't do the job properly, the reasons are immaterial.
There's no discrimination.
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sandnsea Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Aug-10-08 11:03 AM
Response to Original message
7. *sigh* what a thread
I agree with you. She should be given a job she can manage. We have a downs syndrome fellow who does the carts at Safeway. There would be local outrage if he were made a cashier and then given grief because he couldn't do the job. It's the same kind of accommodation any disabled person should be given.
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enuegii Donating Member (624 posts) Send PM | Profile | Ignore Sun Aug-10-08 11:10 AM
Response to Original message
9. If the woman has a mental disability,
and was hired with full knowledge of her condition, it seems really unfair to penalize her with a low score on her review because of it.

And regarding the case mentioned above by the ironworker, there's a difference between losing an arm while working in that position and being hired for that position having already lost an arm.

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OPERATIONMINDCRIME Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Aug-10-08 11:18 AM
Response to Original message
11. I Fail To See How This Is Discriminatory Whatsoever.
"She is a very old cashier and has trouble always figuring out the correct change, gets confused extremely easily"

Mental handicap or not, I wouldn't think that would warrant a glowing review. Now granted, they have the option of moving her to a different position, but from what you describe she may very well have trouble in a different position as well. Her being mentally handicapped doesn't give her automatic standing to get a good raise and good review. Let's be real here.

Discrimination would be if they fired her or didn't hire her based on her handicap, though she was capable of doing the job. That isn't the case here. They were generous enough to hire her and keep her employed, even though it appears that she CAN'T do the job. Now you expect them to give her a glowing review on top of that? You're being quite unreasonable here. The bosses decision was perfectly fine, nondiscriminatory, and not really worthy of vitriolic retribution. Sorry.
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TwixVoy Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Aug-10-08 11:40 AM
Response to Reply #11
12. Actually I was expecting a middle of the road score
she was given the LOWEST score possible with out being fired. Not asking for a glowing review.
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enuegii Donating Member (624 posts) Send PM | Profile | Ignore Sun Aug-10-08 11:41 AM
Response to Reply #11
13. A couple of things here...
It was never implied that she should receive a "glowing" review.


It was never implied that she would have trouble in another position, such as hanging clothes.


And as for "vitriolic retribution," well, you must have pulled that one ex podice tuo, as it were.

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otohara Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Aug-10-08 11:56 AM
Response to Original message
14. Face It, The Disabled Get Treated
very badly in many work situations.

I did - it was horrifying some of the things the HR director said to me. The ADA is a fine law for accessibility, but sucks when it comes to rights or small amounts of compassion in the work place.

Many of my co-workers (the ones I was not close to) resented me for having an ADA accommodation which gave me a longer lunch hour, because I needed it. It was not until I sued, did I find out how much they resented me. Me with the polio, chronic pain and limited mobility was disliked for a needing a tiny bit more consideration than what they got. I was dumb-struck by what I was hearing.

Big bad radio corporation didn't even have a ADA policy. When I asked for an accommodation, they had to call in the big time attorneys to figure out what to do with my minor request.
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davsand Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Aug-10-08 01:15 PM
Response to Reply #14
16. You get something they don't. Not too surprising they are angry.
One of the less attractive aspects of American culture is the attitude that favoritism is only ok if it extends to ME. I see it ALL the time when people are pissed because they think their neighbor is getting something they are not.

We are instilling that attitude in our kids from day one. I even see it in action at the summer youth programs where adults coach just so THEIR kid can get the favors. "Screw anyone else or their kid--it is ALL about my kid."

Forget about being humane, fair, or even just equal in our treatment of each other, it is ALL about "what's in it for ME?" You can call me a cynic if you want to, but our society sucks ass when it comes to true equality, and it isn't gonna change anytime very soon.



Laura
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varelse Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Aug-10-08 12:27 PM
Response to Original message
15. Have you tried putting in a transfer request?
If she's not able to perform up to standards as a cashier due to a disability, then perhaps she should be transferred to a job she's able to do?
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