From: Ted.Quick@f274.n260.z1.fidonet.org (Ted Quick)
Newsgroups: misc.handicap
Subject: Rights of the disabled?
Date: 6 Oct 92 21:01:40 GMT
Reply-To: Ted.Quick@f274.n260.z1.fidonet.org
Organization: FidoNet node 1:260/274 - Auto-Mania, Williamson NY
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Index Number: 24650

TI>I am considered disabled by the state,
TI>and now have a staff position at a University which receives funds from
TI>the state.  I have been being paid 2000-3000 below what I should be
TI>being paid for the last several years, and this year I have not received
TI>an increase even though everyone else I've talked to has.  I am beginning
TI>to think that I may be being treated unfairly because of my disability.
TI>   Does anyone know who I can talk to and what protection I may have,
TI>if any?  I also face the possibility of being laid off, since funds are
TI>short and I am the low man.  Am I protected in any way from being laid
TI>off?

Tim, you are definitely protected as of July 26, 1992 by the Americans
with Disabilities Act (or ADA). If any part of the University receives
funds from the Federal government (and I do mean ANY PART) you may also
be protected by Section 503 of the Rehabilitation Act of 1973. Section
503 may not be applicable to a University, but the ADA is, provided that
there are more than 25 employees.
Your complaint would be based on the low pay, while the lay-off might
not be reversible unless it is based on your being rated or paid poorly
compared to the rest of the population at work. If you are, indeed, low
man on the totem pole, and that is the whole reason for laying you off,
you should include it in any complaint in hopes that it will help, but
don't expect too much from that facet.

For an ADA complaint call :
The Americans with Disabilities Act Office, U.S. Department of Justice,
P.O. Box 66118, Washington, D.C. 20035-6118
Telephone: Voice, 202-514-0301
           TDD, 202-514-0381

or: Job Accommodation Network, Telephone 800-526-7234
    Disability Rights Education and Defense Fund, Telephone 800-466-4232

To check about the Rehabilitation Act of 1973, call your local U.S.
Department of Labor and ask for the Employment Standards Administration,
Office of Federal Contract Compliance Programs. They will route you to
the proper people.

A small warning, though. Neither type of complaint will be handled right
away. Both offices will take 6 months to send you a letter saying
they've received your complaint. Action on it will take at least another
6 months. If you don't win at that point, appeals can be made that take
about 11 months for a note saying they'll review it, and who knows how
long to resolve it. I speak from experience, having sufferred 5 years
medical discrimination at a major employer, and sent my complaint in 2
years ago. It's now on appeal. Only consolation is that when found
guilty the employer must re-instate you with full back pay, including
earlier underpayment. All you will need to do when you win is report
back for 1 day of work, get paid, and leave if you've found something
better while waiting. ADA may not be retroactive past July 26, 1992, but
503 will be.

Also check with your Pennsylvania Department of Labor, or whatever they
call it there. Some states have their own regulations, which may be more
effective or faster than Federal.

If nothing else, getting your employer to explain the situation to both
Federal and State agencies will give you a better feeling, and may force
them to check over their practices to avoid it happening again.

Good luck!

Ted Quick

 * OLX 2.1 TD * Haven't they heard about ADA?

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