EEOC Complaint.....think I have a case? (employees, degree, employer)

[phantom722]

I was hired by an employment agency to work an auto plant. I had to first pass a physical. I was told I failed the physical but they wouldn't tell me why. I suspected that it was because I have a degree of foot drop. You could not tell how I walk that I have any problem and I work a job where I operate foot pedals and walk 10 miles a shift without any problem. I also have a brace I got a few years ago that I could use if necessary but I never use it. According to the law, an employer must make reasonable accommodations for disabilities. Allowing me to wear a brace would be reasonable I think. The doctor took about a minute with the physical and would not answer anything I said to him. I told him I couldn't walk on my heal on one foot but I had no problem doing any job.

After I filed an EEOC complaint they finally told me it was because of the foot drop. Last week they sent my case for mediation. I'm not sure what will happen or what to ask for. Should I ask for the back pay I would have got if they had hired me when they were going to and the job I was promised? Will they make an offer just to get rid of me? I'm not sure I even want to work there anymore. It's Volkswagen and their unscrupulous activities that came to light yesterday with the emissions tampering has kind of soured me on working for them.

[alexfrommars]

If you get offered the job, you will have a gigantic target on your back, you will most likely be held to EVERY.SINGLE.RULE and regulation, you will be out the door in a year, and to top it off, you will probably be treated extremely coldly by management and staff, do not expect a good morning or even a smile, the only reason I know this, is because I worked with a guy that went through that, he filed an EEO complaint, won, and was offered the job, he stuck through it, but having your job scrutinized is annoying, and to make matters worse, they scrutinized us to the same degree so he could not claim " discrimination " and most of the employees ended up hating the guy too, since he made our jobs a nightmare, we had to reach perfection on every facet of our job, long time employees got wrote up for crap they had never been wrote up for before just so they could write up the guy.

When he finally quit, about two-three months down the line, everything went back to " normal. "

Your second recourse is to claim " back pay " thats something an attorney and you will have to discuss, I can tell you, I dont think youl get much if anything, but IANAL.

[Coco6163]

The search tool is your friend. Also, hire an employment lawyer. There is no other substitute for getting the kind of legal advice you seek.

Here is the kind of information you can get by searching the threads:

What to Expect At EEOC Mediation thread

[clarksvillemom]

your state should have a PNA - a Protection and Advocacy organization. They deal with the ADA. Call them and maybe they can be there on your behalf or tell you what to expect

[Aspe4]

OP, I assume you don't have an attorney yet? You need to get one ASAP with employment law experience. He or she can answer your questions.

[phantom722]

I don't think I have enough damages to warrant an attorney. I got a call last Friday from the EEOC mediator. He said that Volkswagen had agreed to mediate. Not sure of the date yet but he said it would probably be the first week in November. I'll post an update on how things go.

[Deserterer]

If you are retaliated against after filing an EEOC complaint, you have another EEOC complaint for workplace retaliation. Retaliation for filing an EEOC complaint is illegal.

[nemesis1973]

Originally Posted by phantom722

I don't think I have enough damages to warrant an attorney. I got a call last Friday from the EEOC mediator. He said that Volkswagen had agreed to mediate. Not sure of the date yet but he said it would probably be the first week in November. I'll post an update on how things go.

I also have a EEOC complaint charge with VW Chattanooga, can you shed some light on how your mediation went?

[Pitt Chick]

The OP has not been around for over six months...