I recently quit my job after many years because I was offered a new one with better pay. I had been pleading with my previous employer for a raise and promotion that I was completely qualified for but because tasks took longer for me to complete they refused to promote me. Others who knew nothing about working there but had experience with competitors have been given employment at the same promotion level I felt I deserved. The new hires had to be fully trained but yet hired in at the promotion level that I felt I should be at. I was constantly talked to about my failure to complete tasks in a timely manner but was never given reasonable accommodations. I was diagnosed with ADD back in high school but never medicated. I decided to try medication and was currently working with my doctor trying some to help me but in the meantime my pleas for promotion were ignored. I felt taken advantage of and discriminated against because of my difficulty to concentrate, focus and stay on task. They made me feel useless to the point of tears, This doesn't feel right or even seem close to equal opportunity employment. Is this considered discrimination? Should I file a complaint with the EEOC?
The Americans with Disabilities Act (ADA) is a federal law established by Congress in 1990 to help end discrimination in the workplace and provide equal employment opportunities for people with disabilities. The ADA only applies to employers with 15 or more employees.
In some situations – but not all, the ADA has been found to cover ADHD. Failure to promote is the type of adverse employment action that can be the basis for an EEOC claim.
However, to be protected by the ADA, employees must have told their employer about their disability and requested an accommodation that would allow them to perform their job functions.
If your employer does not know about your disability and is unhappy with the way you are performing your job, they can legally decide not to promote you.
The information above is very general. I practice in New York.
You should consult a Michigan employment attorney to discuss your situation, especially since there may be state laws that give you additional protections. In any event, you should act quickly, because you only have a short period of time to file a claim with the EEOC.
The information contained in this answer is provided for informational purposes only and should not be construed as legal advice. No viewers of this content should act or refrain from acting on the basis of any information included herein without seeking the appropriate legal advice on their particular facts and circumstances.
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