Because I have ADHD and am now prescribed adderall again and that has side effects affecting thermal regulation I was wondering if I could go the route of seeking an ADA exemption to compel my boss to fuck off. The lying machine is basically like, yeah, that would work and be a protected condition they’d be compelled to address. It says I basically just need a doctor’s note saying I have adhd and my meds affect my ability to regulate my body temperature
If so i wanna do that because nothing would bring me greater pleasure than telling my bosses they can go fuck themselves
Thoughts?
P.s. they can’t say the chef’s coats are necessary for hygiene because that’s what the fuckin aprons are for
wouldn’t it be clear cut enough that I could probably do the find a lawyer pro bono thing, since people want to get paid on the other end too even if it is on contingency, putting my employer in a position to spend money i know they don’t want to spend on a lawyer, if my situation is “I have a legally protected disability and the specific (and, note, recently changed) uniform requirements in combination with side effects of the treatment for said disability make working in extra layers with no working A/C untenable and in order to comply with the ADA my employer must address the issue”
like, I dunno, I guess I’m just a big fucking dumbass naive liberal idiot but I really did think ADA compliance stuff was treated much differently than general NLRB labor disputes where you’re either probably not entitled to anything, going to lose even if you are, or if you win you just like, get your job back (yay…) because it’s, like, discrimination suits
my understanding was, and I’m sorry for checking the lying machine to see what it says but it’s kinda backing it up, that employers face actual penalties for ADA noncompliance, not like the “you win against all odds and get your job back” like if they refuse reasonable accommodation requests (that are backed up with a medical record and doctor recommendation) they’re liable for settlements and shit. my understanding is that if i make a formal request for accommodation they also have to actually do something to address it, even if it’s not what I request (i.e. they could like have me go work out front or something)
edit: also I feel like “I just want to wear a shirt and an apron when it is stupid hot and the A/C is broken like I’ve been doing for three years now” is like as reasonable as a request as could possibly be made of anything
The lying machine is lying.
The ADA is incredibly weak and is only usable to provide a legal basis for your claim against an employer in court. More importantly, employers are permitted to simply state that your requested reasonable accomodation is not something they can achieve, and you have zero recourse.
Every ADA ramp and elevator you’ve ever seen is there because someone had to fight a lawsuit for years and eventually won. The penalties they face are only achievable if you fight and win that case against all odds.
idk seems wack they can argue that they can’t let me simply wear a shirt and apron as they did for years, at least until they fix the fucking A/C
these are the people who call us extremists but brook absolutely no compromise
I personally lost a case against an employer who stated that providing bathroom breaks during a WFH call center job was simply not possible because they can’t control when the phone will ring, and it would be against their policy for you to go “unavailable” during work hours.
and these people call me an extremist for thinking they should be gutted like fish and be grateful that’s the end of it
sorry that happened
also wow thank you tbh feels like proof people care about me that nobody is just egging me on into crashing out and losing my job thinking the bourgeois state will save me
Yeah. I genuinely care about you, Comrade. I know this situation sucks, but this is gonna be one of those places where your best bet is just communicating with your managers about the issue. Having a personal relationship with them matters. Even if the bourgeois state won’t help us, people tend to care about those around them.
WFH particularly is so atomized that you can’t have those relationships and all of a sudden these multinational companies will basically just fall back to the minimum workers’ rights because what are you gonna do about it?
I guess they would probably respond better to “hey this is fucked up and all im asking for is you to not give a shit when it’s this hot and literally doesn’t matter” like i’ll wear the fucking thing if the president of the company shows up or whatever but otherwise, we’re not front of house customer facing staff it literally doesn’t matter what we wear. Nobody even gave a shit about coats until i got jealous i didn’t have one and asked for one. But fuck me, it made my job fun to feel like i’m cosplaying as a real big boy chef.
Idk i don’t even think the chef really gives a shit and it’s all just the dining director for some reason but who the fuck knows how these scheming fucks conspire to shift blame. I think the dining director is the reason we can’t take food home anymore but they both blamed each other and in and end it doesn’t matter when they’re both unwilling to relent
He basically came up to “remind” me about the chefs coats (literally one of two new things in the orientation wasting my time last week) and i was working and didn’t stop and was just like well, it’s hot, I need to be comfortable at my job. If I can’t, well… with kind of the implication of i’d be fuckin done and he just pointed out all the other cooks wearing them (idfk why, i wasn’t there all summer so maybe something happened but at least one of them refused to wear one until now) and it was just kinda left unfinished as i kept working
But later i asked if he had heard any time frame on the AC being fixed and i was like “i expect the answer is a laugh and a fuck no” because that’s the general response and he said he wouldn’t be laughing because it sucks. So maybe he’d be amenable to talking about it, idk, i don’t wanna put hope in it though with how unreasonable they were about taking home food
Also thank you, it’s appreciated