That narrative is unambiguously a case of illegal discrimination. Idaho law Defines:
“Disability” means a physical or mental condition of a person, whether congenital or acquired, which constitutes a substantial limitation to that person and is demonstrable by medically accepted clinical or laboratory diagnostic techniques. A person with a disability is one who (a) has such a disability, or (b) has a record of such a disability, or (c) is regarded as having such a disability;
and
It shall be a prohibited act to discriminate against a person because of, or on the basis of, disability in [employment]… provided that the prohibition against discrimination because of disability shall not apply if the particular disability, even with a reasonable accommodation, prevents the performance of the work required in that job.
I am also very confused as to how actual HR drones in an actual HR department wouldn’t be familiar with the law and able to create a suitable enough pretext for termination.
I already mentioned the A.D.A. to Ialdabaoth, but fighting a discrimination case probably takes more money than he’s looking to raise to move, as well as being psychologically exhausting.
Either of those reasons is probably enough to convince a rational person. The spirit of Immanuel Genovese still sits on my shoulder screaming “Passive complicity!” at /me/ every time I contemplate accepting an outcome in which it is normal that this kind of treatment happens.
The problem is… this is a complex and delicate situation, as all real-life situations are.
There are co-workers who have gone the extra mile to help me and protect me. They didn’t do everything they could, because they have families, and they know that if they rock the boat too hard it will be them, not HR, that get thrown overboard.
They aren’t rationalists themselves (although I was slowly working on one of them), but they are caring and intelligent people who are themselves struggling to find meaning and stability in a harsh world.
If I could find a way to laser-lance out the demons of stupidity from my workplace, I would do so in an instant. If I could do so in a way that could add net funds to my own cause, I would already be doing so.
But as it is, I know exactly who would suffer for it.
(That doesn’t mean that I have committed to a decision yet; I am still weighing necessary evils.)
I hope this is not patronizing advice but rather useful info. To be clear, I am not pressuring you to do anything, I know there are many reasons not to pursue discrimination claims, but I wanted to make sure you are aware of all your options.
The Equal Employment Opportunity Commission is a possibly less costly and less adversarial way of pursuing a discrimination claim. They will investigate independently and try to arrange a settlement if they find discrimination. If settlement is impossible, they may even sue on your behalf. They have won a lot of ADA-related claims. I’m pretty sure they will consult with you for free, so the only initial costs are time and emotional energy.
You can make the empty threat that you will sue if you’re not re-hired. Heck, you could even register a law-firm-y domain and copy some law firm’s website and configure google apps for email and send them some intimidating email “from your lawyer”. You don’t have anything to lose at this point do you?
That narrative is unambiguously a case of illegal discrimination. Idaho law Defines:
and
I am also very confused as to how actual HR drones in an actual HR department wouldn’t be familiar with the law and able to create a suitable enough pretext for termination.
I already mentioned the A.D.A. to Ialdabaoth, but fighting a discrimination case probably takes more money than he’s looking to raise to move, as well as being psychologically exhausting.
Either of those reasons is probably enough to convince a rational person. The spirit of Immanuel Genovese still sits on my shoulder screaming “Passive complicity!” at /me/ every time I contemplate accepting an outcome in which it is normal that this kind of treatment happens.
Me too.
The problem is… this is a complex and delicate situation, as all real-life situations are.
There are co-workers who have gone the extra mile to help me and protect me. They didn’t do everything they could, because they have families, and they know that if they rock the boat too hard it will be them, not HR, that get thrown overboard.
They aren’t rationalists themselves (although I was slowly working on one of them), but they are caring and intelligent people who are themselves struggling to find meaning and stability in a harsh world.
If I could find a way to laser-lance out the demons of stupidity from my workplace, I would do so in an instant. If I could do so in a way that could add net funds to my own cause, I would already be doing so.
But as it is, I know exactly who would suffer for it.
(That doesn’t mean that I have committed to a decision yet; I am still weighing necessary evils.)
I hope this is not patronizing advice but rather useful info. To be clear, I am not pressuring you to do anything, I know there are many reasons not to pursue discrimination claims, but I wanted to make sure you are aware of all your options.
The Equal Employment Opportunity Commission is a possibly less costly and less adversarial way of pursuing a discrimination claim. They will investigate independently and try to arrange a settlement if they find discrimination. If settlement is impossible, they may even sue on your behalf. They have won a lot of ADA-related claims. I’m pretty sure they will consult with you for free, so the only initial costs are time and emotional energy.
I’m letting you know about what my shoulder angel/demon is shouting, because if I follow his advice I am not optimizing for giving you good advice.
You can make the empty threat that you will sue if you’re not re-hired. Heck, you could even register a law-firm-y domain and copy some law firm’s website and configure google apps for email and send them some intimidating email “from your lawyer”. You don’t have anything to lose at this point do you?
You might be able to get a lawyer to work on a contingency basis—they only get paid if you win.