Employment Law Information

Ok. I work on a night crew at an in n out burger. When I was being interviewed the first time the guy started asking me all these questions like ” Did I see any action or shoot anyone over there?” Kind of stuff. I know that that has to be completely illegal, right?

Then when I call him out on it to one of the other managers. Little next to nothing was done about it. Then the next day he starts bitching at me about being late and all this other stuff when I wasn’t. Obviously just trying to get me back for his prior fuck up.
Also, I collect 20 percent from the VA. It is for my back and it is a combat injury from Iraq. By law they have to appease to me in areas and make me comfortable in the work place. They don’t. I am called “slow, lazy, slackerish” Among other things behind my back by the main manager. And I bust my ass in that place!

I just feel like I’m being set up to fail here people and I want to know if there is anyway I can fight this shitty company back.
THank you for all of y our help!

Answer:  It’s not illegal to ask you if you saw any action or shot anyone.  Distasteful, but not illegal.  However, disability discrimination is illegal.

Disability discrimination also occurs when a covered employer or other entity treats an applicant or employee less favorably because she has a history of a disability (such as cancer that is controlled or in remission) or because she is believed to have a physical or mental impairment that is not transitory (lasting or expected to last six months or less) and minor (even if she does not have such an impairment).

The law requires an employer to provide reasonable accommodation to an employee or job applicant with a disability, unless doing so would cause significant difficulty or expense for the employer (“undue hardship”).

It is illegal to harass an applicant or employee because he has a disability, had a disability in the past, or is believed to have a physical or mental impairment that is not transitory (lasting or expected to last six months or less) and minor (even if he does not have such an impairment).

Harassment can include, for example, offensive remarks about a person’s disability. Although the law doesn’t prohibit simple teasing, offhand comments, or isolated incidents that aren’t very serious, harassment is illegal when it is so frequent or severe that it creates a hostile or offensive work environment or when it results in an adverse employment decision (such as the victim being fired or demoted).

The harasser can be the victim’s supervisor, a supervisor in another area, a co-worker, or someone who is not an employee of the employer, such as a client or customer.  Read more here:  http://www.eeoc.gov/laws/types/disability.cfm

If HR did something about it and the problem got worse, go to them again and tell them if it doesn’t stop, you’re going to file a claim with the EEOC and that you are taking names and documenting EVERYTHING that happens.  Click here to learn how to document problems at work.  If you need help, click here to find an employment law attorney. 

Thank you for serving our country.  Sorry you got sucked into Bush’s personal agenda.