Harassment over disability?

[srah]

I am a mid-career professional (10 yrs.) in my field. I took a new job 6 months ago that involved relocating and purchasing a car. I moved from NYC so this was my first license and car. It was a big lifestyle change and I invested a lot in this job.

 

My manager has said several times that the work is top-notch - although she has been reluctant to point this out in front of co-workers.

 

My work schedule is 60% virtual and 40% client meetings. For the past few months my manager has harped on me to drive on the freeways to client meetings because she insists it is faster.

 

In my area, the route to meetings is roughly the same approximate commute on both freeways and surface streets ~ 30-45 min. I have explained this to her. I also mentioned that driving is not a primary job function and that I am unsure why this is a concern. (FYI: This was not in the job posting nor is it part of my job description. There is just a basic requirement to "Have valid US drivers license and access to personal transportation.")

 

My manager is extremely micro-managing and makes mountains out of molehills. She is also very concerned with process over product - she likes to dictate how we do each task.

 

Last month I was practically forced to disclose a disability to her because it felt like she was threatening my job over my driving. She mentioned my probation period and said she wanted to make sure the driving wasn't an issue before it was over. I was shocked that she turn my driving into a work-performance issue. I studied the ADA and the disability laws in my state and I know that this disability is covered....but this feels absurd because I don't need any accommodations. The fact is that I can drive to and from meetings with zero issues.

 

I am in treatment for anxiety but my therapist thinks it is ridiculous for me to have to disclose this as a disability - she insists that driving should not be tied to job performance. She doesn't know why my manager is harping on it. None of my friends understand either - although they have their theories. I am documenting this in case I am terminated or otherwise penalized.

 

My work performance has been stellar. I am the newest employee on my team and have had the most measurable results in the past few months. My manager said that I could be a "pace-setter" and that I am "super valuable to the team." But there has been no public recognition of my work. This is unfortunate because I have been a top performer at previous jobs.

 

I don't know where to go from here. I thought about contacting a labor attorney preemptively. I am seeking other jobs...

 

Thoughts?

[katiegrl]

So her main and only issue is that you drive to your client meetings on surface streets instead of using the freeway?

 

And the distance (mileage) is the same? And each route takes the same amount of time to get to destination?

 

If so, then her harping is ridiculous .... but my question to you is -- how does she know you take the surface streets instead of freeway?

 

Did she ask? Strange question to ask, unless she believes the gas/mileage receipts you submit for reimbursement are too high...

 

If it were me, I would just flat out ask why it's an issue. Unless, like I said, your reimbursements receipts are too high and would be less if you took the freeway.

 

Managers are required to work within a certain budget, so that may in fact be why this is an issue. Why she didn't tell you this, I have no idea. Poor communication skills.

 

I was in a very bad accident many years ago, and I get very anxious driving as well. Night driving and freeways especially freak me out. I resort to public transportation now, and I walk to/from work.

 

Have an open and honest communique with her about it.

 

If necessary, tell her you become very anxious driving on freeways, and if necessary you will provide doctor's note confirming that.

 

If you provide doctor's note, by law (federal) they are obligated to accommodate your issue, and cannot fire you for that.

 

However, they could fire you for other things, but since your performance is stellar, you should have nothing to worry about...

 

Good luck!

Edited November 14, 2015 by katiegrl

[GemmaUK]

You haven't explicitly stated the issue here, you have skirted around it but I am guessing it's that you don't like driving on the freeway?

 

If your travel is during work hours then it is important to be efficient with time. Not only that though, if you are needing to start your day hours earlier than other staff due to keeping off freeways you could be at burn out stage sooner than your colleagues.

Have you looked into some advanced driving lessons to get you into and used to the freeway?

[Maggie4]

I get the feeling maybe you took it more seriously than necessary? Some female managers are guilty of nagging, micromanaging, mothering. They're like the mother who will tell you not only what you should eat but also how to eat it.

 

Some of it may also be communication difference between men and women. When women say something, sometimes they are just saying. But when men hear it, they immediately think, what do you want me to DO about it, and if I don't do it what will be the consequences?

 

It's best to communicate. I would suggest you sit down and ask her for evaluation and you can bring up your feelings about recognition, but don't say anything about the driving. If she brings up the driving as part of the performance evaluation, then you can pin her down on it. If she doesn't mention it then you don't worry about it.

[Tayla]

At time of hire or when such diagnosis is rendered the employee is to be forthcoming. How did you inform them during hiring? The employer can request a non bias medical examiner be called in to determine this validity. The Huiner vs Arlington School District did just that.

[srah]

Yes, her main and only issue is that I don't drive on the freeway. The mileage is the same, sometimes less, on my route. For example, the freeway is 20 miles but my route is 16 miles. The approx. commute time overlaps within the same window freeway 25-55 min/alternate route 30 min-60 min. I usually arrive at our locations in 30-35 minutes.

 

I disclosed an ADA covered disability to management and requested this alternate driving route as an accommodation. My manager is giving me a hard time about it and trying to force me to take driving lessons. The issue isn't that I don't know how to drive, it is that freeways (esp. in this area of country) are more dangerous and trigger my anxiety symptoms.

[katiegrl]

Yes, her main and only issue is that I don't drive on the freeway. The mileage is the same, sometimes less, on my route. For example, the freeway is 20 miles but my route is 16 miles. The approx. commute time overlaps within the same window freeway 25-55 min/alternate route 30 min-60 min. I usually arrive at our locations in 30-35 minutes.

 

I disclosed an ADA covered disability to management and requested this alternate driving route as an accommodation. My manager is giving me a hard time about it and trying to force me to take driving lessons. The issue isn't that I don't know how to drive, it is that freeways (esp. in this area of country) are more dangerous and trigger my anxiety symptoms.

 

Well she sounds completely unreasonable (not to mention ignorant of federal labor laws specifically ADA) ...I would take this to Human Resources and let *them* deal with it ...and her!

 

Clearly, she needs more training...

Edited November 15, 2015 by katiegrl

[Got it]

Have you done any FMLA or ADA paperwork yet? I would start there.

[katiegrl]

Have you done any FMLA or ADA paperwork yet? I would start there.

 

FMLA?

 

She'not asking for time off or a medical leave, just an accommodation that she be *allowed* to drive on the surface streets due to anxiety when driving on freeways.

 

Which isn't even an accommodation really, since surface streets are the same mileage and driving time as freeways.

[Tayla]

FMLA?

 

She'not asking for time off or a medical leave, just an accommodation that she be *allowed* to drive on the surface streets due to anxiety when driving on freeways.

 

Which isn't even an accommodation really, since surface streets are the same mileage and driving time as freeways.

 

 

Katie, GOTIT, is correct. A formal notification to the employer is required along with the medical doctors prognosis of the condition that is needing accomodating. The employer can request the employee get a non bias medical determination.

 

Our area has highways and streetways, it can take anywhere from 25 to 40 minutes more taking the streetway. Time is money to an employer.

 

The employer can fire a person for deceptive practice ... meaning they willingly excluded a medical matter prior to hire and are now using it to deter certain tasks. The condition also needs to show a consistent and permenent disability. A short term knee injury may get short term accomodations when accompanied by a doctors order... When it heals the employer is not required to make exceptions under the ADA compliance.

 

Sounds to me that the employee needs to present the medical diagnosis... or should the employer just believe the employee without documentation?

[katiegrl]

Katie, GOTIT, is correct. A formal notification to the employer is required along with the medical doctors prognosis of the condition that is needing accomodating. The employer can request the employee get a non bias medical determination.

 

Our area has highways and streetways, it can take anywhere from 25 to 40 minutes more taking the streetway. Time is money to an employer.

 

The employer can fire a person for deceptive practice ... meaning they willingly excluded a medical matter prior to hire and are now using it to deter certain tasks. The condition also needs to show a consistent and permenent disability. A short term knee injury may get short term accomodations when accompanied by a doctors order... When it heals the employer is not required to make exceptions under the ADA compliance.

 

Sounds to me that the employee needs to present the medical diagnosis... or should the employer just believe the employee without documentation?

 

Yes, I said in an earlier post she needed a doctor's note ... I also said it could be an issue with the time/distance along with the mileage/gas receipts she submits for reimbursement. Agree time is money, and money is money!

 

With respect to travel time, I took the OP's word in a later post (and her original post), that the distance and travel time were the same... regardless of whether she takes the surface streets or freeways.

 

FMLA is not required in this case, as again she is not requesting a medical leave, which is what the FMLA accommodates.

 

Her anxiety is covered under the ADA, but she needs to substantiate with a doctor's note in order to get the accommodation.

 

 

 

 

 

I

[Got it]

katie, again it never hurts to file with both. ADA may push to have it first under FMLA and then walk through the ADA process.

 

It is double coverage so not an issue. I also assume when people post on here about disabilities, etc that the average person doesn't understand the nuances nor are they giving full information so I can't assess which it is without full disclosure and detailed information. So I would have the employee do both, through the 3rd party vendor that handles FMLA and ADA, and we would assess based on the doctor's information, etc. and come to a final decision. The time difference could fall under FMLA on the driving. Or not. I can't assess based on the information provided and, to be honest, I am surprised you feel comfortable in doing so.

 

Bottomline, OP should speak with his/her HR department and follow their guidance.

[Got it]

I will also add that mental illness is tricky to get any coverage as mental health professionals/therapist tend to be very reluctant to put pen to paper on FMLA and/or ADA accommodations because ultimately they have to be ready to stand by what they are saying in court.

 

So, OP, just a warning that getting your therapist to fill out the paperwork MAY (not saying definitely but may) be a struggle. Work through HR, and your therapist and wishing you all the best. HR will guide your manager in the proper way to handle things. This may be the managers first time with any accommodation and some struggle more than others with any grey areas. Not an excuse but just some insight.

 

Oh, and I don't recommend lawyering up quite yet in regards to their isn't a lot they can do right now. Work with HR and if you are not statisfied with their assistance then go to a lawyer. But you are always welcome to seek outside counsel at any time.

 

Good luck!

[katiegrl]

I'm

I will also add that mental illness is tricky to get any coverage as mental health professionals/therapist tend to be very reluctant to put pen to paper on FMLA and/or ADA accommodations because ultimately they have to be ready to stand by what they are saying in court.

 

So, OP, just a warning that getting your therapist to fill out the paperwork MAY (not saying definitely but may) be a struggle. Work through HR, and your therapist and wishing you all the best. HR will guide your manager in the proper way to handle things. This may be the managers first time with any accommodation and some struggle more than others with any grey areas. Not an excuse but just some insight.

 

Oh, and I don't recommend lawyering up quite yet in regards to their isn't a lot they can do right now. Work with HR and if you are not statisfied with their assistance then go to a lawyer. But you are always welcome to seek outside counsel at any time.

 

Good luck!

 

Thanks for your thoughts Got it.

 

I wanted to share however that after my dad died last year, I had sort of a mental breakdown and could not work.

 

I saw my doctor who ordered me off work for 30 days and wrote a note for me to supply to my employer... Under the FMLA, employees are entitled to three months' per year medical leave (to care for themselves or a sick family member).... with no negative repercussions.

 

My doctor did *not* state the reason for my needing to be off work (mental and emotional). I could have sprained my ankle for all they (my employer) knew.

 

The law does not require doctors to disclose the illness OR what the disability is. The note stating the employee needs to be off work (or an accommodation) is the only thing required.

 

Granted, I live in California and so the state laws here might overlap with federal law. While FMLA does not require employers to pay its employees while out on medical leave, the state of California paid me under state law (which I pay into every month via deduction from my paycheck).

 

There was no FMLA paperwork that I filled out. I just presented the doctor's note to my emoloyer.

 

My doctor completed paperwork that the state of California required in order for me to be paid by the state. We both signed it .... and HE forwarded to my employer.

 

That was my experience and the experience of others I know here in California.

Edited November 16, 2015 by katiegrl

[lucy_in_disguise]

Are you constantly late to client meetings or something? If not, I think your manager sounds like a nut job for being so insistent on this. Just tell her you are not comfortable driving on the freeways and if it is an issue for her, you will be happy to schedule a meeting with HR to discuss your options. Unless this is a delivery role I dont think she can dictate your commute.

[srah]

Are you constantly late to client meetings or something? If not, I think your manager sounds like a nut job for being so insistent on this. Just tell her you are not comfortable driving on the freeways and if it is an issue for her, you will be happy to schedule a meeting with HR to discuss your options. Unless this is a delivery role I dont think she can dictate your commute.

 

No. I am not late to client meetings. I usually arrive early, before the client, so that I can reserve a table.

[jakrbbt]

If you can (politely) present your manager with credible statistics saying that that freeway is more dangerous than the routes you take, then your manager will sound even more unreasonable if and when you discuss this with H.R.

[razze]

You need to deal with your anxiety.

 

It's ridiculous that you let it affect you to the point that you cannot drive on freeways.

[jakrbbt]

You need to deal with your anxiety.

 

It's ridiculous that you let it affect you to the point that you cannot drive on freeways.

 

I don't think this is helpful at all, unless you have specific advice about how to deal with anxieties. Why call it "ridiculous" but not give any insight into how to deal with it? I doubt the OP likes having anxieties or that she refuses to try and treat them. But in the meantime, if she prefers not to take freeways and finds a way around them, that's a responsible sub-step. In fact people with extreme freeway anxieties might not be as safe on the freeway themselves, they might be too distracted or panicky. Imagine if those afraid-to-fly passengers you've seen having trouble on planes had to actually control the airplane? Better if they take the train and yes, if possible, try to also treat the anxiety.

 

I wish there were a cure for anxieties. If you have one, by all means, share it. You might get rich!

Edited November 26, 2015 by jakrbbt

[Tayla]

No. I am not late to client meetings. I usually arrive early, before the client, so that I can reserve a table.

 

srah, as earlier mentioned, have you presented the doctors order on your prognosis and therepy? If wishing to be covered under the ADA certain notifications and documentation need given to your employer.

 

As my boss said one day it might be 100 miles to a destination, a plane can get you there in ten, a train in 20 , a car ..... hours.

 

What treatment are you currently subscribed to for this ? its not anyones place here to tell you how to manage it, it is a good suggestion though to show good faith in being under some type of treatment that dissipates the symptoms.

 

No disrespect intended , sometimes a business needs proof of a medical nature.

[introverted1]

I feel as though there is a missing piece of information. If it doesn't take OP any longer to get to her client meetings by driving the local roads than would taking the freeway, and OP is never late, how does the supervisor even know what route the OP is taking? When I travel locally for business, my manager has no idea how I get to my destinations. The only way this would come up would be if I were late to meetings or needing to leave the office significantly earlier than I should if using the most direct route.

 

OP, how does your supervisor know what route you take? What was the context for this issue coming up?

[Belle23]

I think there's more going on here than a conflict over driving routes and filing a complaint citing your disability may not be the best route (no pun intended) to take. I say this because I see red flags in the story.

 

For starters, how does your manager know which routes you're taking to/from clients? Like @introverted1 just asked, how did this conversation get brought up? Unless it's causing your performance to suffer or a client complained, then it's odd how it such a trivial thing escalated into a matter that she's now obsessed over.

 

Secondly, you seem to be really concerned about public recognition regarding your performance. Why is the praise that your manager gives you in private not enough for you? You're a new employee. I think it would be somewhat inappropriate and counterproductive for your manager to gush over your performance in front of the employees who have worked there much longer than you.

 

To me, it sounds like your manager is a bad leader that micro-manage too much and you don't like her approach, not someone who is harassing/discriminating against you due to your anxiety (disability). After all you said it yourself, she wants to dictate how you do every aspect of your job. At this point, I feel like your just reaching for anything to get her off your back.

Edited November 27, 2015 by Belle23

[srah]

To answer introverted1, my manager knows which routes I take to meetings because she rides to meetings with me once or twice a month when she is in town. Our company is cheap and does not provide traveling employees with rental cars.

 

The main reason I care is because she has tried to align driving on freeways with job performance and has mentioned it three times to me - that she really wants me to drive on freeways. It is not an "essential" job skill as defined by the ADA and it really bugs me that she is missing the forest for the trees.

 

She is micro-managing and this is just one aspect of that. Other people on my team often ignore things she asks them to do. I am actually a more conscientious than most of the others because I am new. I am not sure yet how respected she really is by other people in the company.

 

I just want her to lay off with the freeway requests. It's counterproductive. I do have doctor's notes and documentation if the employer ever requests them. (The director has not requested documents.) I made a verbal disability disclosure to the director of the company. He offered to pay for driving lessons and I said OK. There was no promise to him to drive on freeways. This was a first step before a written disability disclosure and request for accommodation. (If there is an official request for accommodation then the accommodation requested is to keep driving the routes I currently drive. It's been past practice for 6 months and hasn't affected my job performance. I can't imagine an arbitrator denying that accommodation - assuming this issue went that high level.) I said OK to the lessons as a good faith step. The lessons don't really address the problem though.

[Tayla]

You have to provide documentation, they aren't going to just ask. Unless you start dropping hints that you are filing ADA for your job task. I say this for your case. Particularly since you are leaning towards the ADA coverage.

 

Your boss can manage and show whatever preference they want. It's a horrid lesson to learn in the business world.

 

Our company has gps trackers, and amazingly our gas consumption went down 20% by finding the quickest routes.

 

Set your standards early and learn to mildly concede to some of the dynamics.

It will keep a paycheck .