Seeking Stories of Disability Discrimination - Join the Fight for Justice!

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Mojowin

Has anyone faced disability discrimination in their employment, social gatherings, social media, and or have been denied lawful entitlements based on your disability?

I am writing this blog to help, and to understand your situation and provide you a voice that will be heard if you so desire in federal court.

I am in a battle in federal court against my former employer when they breached contract and terminated me unlawfully according to the ADA.

Help me help you and us all regarding discrimination based on our disability of cancer and or Crohn's.

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cbhines14

I'm trying to get Social Security Disability, but my hospital records only go back 10 years. So apparently, it doesn't show me having surgery. I was denied twice. Now I have to get a lawyer. These people who deny us don't have a clue what we're going through. I can't hold down a job because I get frustrated. Good luck and prayers.

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Mojowin

I understand your frustration indeed. Try Heard and Smith out of San Antonio. They specialize in SS benefits and they won't charge any upfront fees.

cbhines14

Thanks

Mojowin

887-606-3737 is their number. Please let me know. There are other ways to obtain the medical records.

 
How to Manage Emotions with LeeAnne Hayden | Hollister
Past Member

In Canada, we have a Human Rights Code that does not allow for discrimination based on disability. Do you have that in the US?

Mojowin

We have what's called the Americans with Disabilities Act, as amended. However, the courts typically side with the employers because they are the ones with the money, and attorneys usually will not take up such cases for employees because of this. The court system here is very procedural; right and wrong does not really matter in the court.

Past Member

Hmmm... another reason to elect a democratic government in November. Governments in the pockets of big business is bad news for anyone not in the 1%.

Past Member

The Stratford Festival Theatre is a big deal here in Ontario - it attracts lots of tourists from all over the world. Last year, I noticed a sign at the counter where theatre goers can pick up hearing assistive devices, that encouraged donations to cover the cost of the devices. That is a violation of the Human Rights Code of Ontario because it places the burden of the cost of accommodation on the person with the disability. So I wrote a letter to the theatre telling them. They have changed their policy, and they no longer ask for donations. That was easy because there is a clear Human Rights Code that spells out what discrimination is, and the theatre was in violation.

Mojowin

Good for you! It's great when you get things done through letters, especially when there are violations.
I haven't yet written to the congressman. I am going to soon, though, when I determine the one or ones that have the most influence.

Mojowin

How long did it take before you received an answer to your letter? I'm curious. Thanks for sharing. That is an excellent idea to explore here.

Past Member

I wrote a letter to the Executive Director of the corporation and I got a reply about 2 weeks later, saying that they would be discussing my complaint at an upcoming meeting. The whole thing was resolved within a month. In my letter, I quoted the Human Rights Code, which made it easier for them to see how they had violated the code. And I was very clear about what I wanted - that their policy needed to change. Never underestimate the power of letter writing! Familiarize yourself first with the relevant legislation so you can quote it. I learned during my cancer treatment that if you want to influence a system, you better learn to speak their language, whether that is medical or legal jargon. They won't pay attention unless you can speak their language.

Bill

Hello Padfoot.( & Mojowin) I agree wholeheartedly that letter writing and quoting the current legislation can be very effective where it applies directly to the circumstances at hand. However, there are many more cases of discrimination that are under the radar of legal treatise and these also need to be addressed. Of course, I have also written my thoughts out in prose, and have represented people in person. However, these strategies are too easily dismissed by the perpetrators of abuse, unless the threat to them comes from a legal source. I view discrimination as a form of �BULLYING�. I have written literally hundreds of rhymes on the 'umbrella' subject of BULLYING, which is a form of discrimination against people who are viewed as weaker and therefore 'game' or 'prey' to those who are inclined to seek power and control over others. In a few cases, the bullies don�t even realise they are involved in bullying, especially when it comes to corporate power and hierarchies, where the bullies feel they are only doing as they are told or following company policy. This is where the rhyming verse comes into its own to express how it �feels� to be a victim of this sort of bullying. I was going to leave you with one of my favourite earlier di-line rhymes, which I always thought summed up the corporate bullies rather well, and it is usually appreciated when anonymously pinned to a corporate notice board. However, because it mentions �shit�, I think it might be a bit insensitive on a site for ostomates. Thus, I have chosen another instead. COMMERCIAL BULLIES: COMMERCIAL BULLIES WILL MAKE �FIRMS� � SO RULES ARE MADE ON THEIR OWN TERMS. B.WITHERS 2015

Best wishes Bill

PS; Sorry! I forgot to attach the intended verse - 

CORPORATE BULLIES.  

A hate of my traits I understand fully  
it usually comes from the corporate bully.  
The way I am can make them feel  
I represent their Achilles heal.  

They wheedle their way up the corporate tree  
then aim to control both you and me.  
Once they’ve climbed the corporate pole  
they develop their devious role.  

Then they wield their corporate power  
to try to get us all to cower.  
They’ll try to become the gatekeepers  
so they can withhold their signatures.  

You’re used and abused with wile and stealth   
all in the name of corporate health.  
It means they have no preference  
they want respect and deference.  

They do not want to earn respect  
this is something they just expect.  
Respect is one thing they don’t give  
they’ve no idea how others live.  

Inherently flawed, the hierarchy  
places them ‘over’ the likes of me.  
This makes them feel superior  
implying that we’re inferior.  

They do not take into account  
we all have things that we surmount.  
A job’s a job when all is done  
they’re no more use than anyone.  

Yet from their high and mighty perch  
they do their best to us besmirch.  
They’ll find fault and criticise  
then blame us – surprise, surprise!  

They’re blind to any corporate flaw  
no new views will they explore.  
They think they know what they should do  
and they want to do it to me and you.  

Corporate bullies subjugate  
they make life hell and miscreate.  
And whilst they wish to bully us  
they want us not to make a fuss.  

                    B. Withers (2009)  

                      (in ‘Contemplation’ pp 80-81)

Past Member

Yes, Bill, you are right that discrimination is a form of bullying. It is discouraging to think how much human behavior fits under that umbrella! Bullying, and all its subcategories, result from one person believing that he or she is superior to another person, thereby rationalizing the behavior. I believe the only way to combat this sickness is to foster empathy in our children and encourage them to see themselves in the other. Adults without empathy can never learn it; the window of opportunity has closed. Unfortunately, adults without empathy are often personality disordered, which further hampers emotional growth. In Canada, we have a program for elementary school children called Roots of Empathy that is now offered in many other countries as well. The program centers around a new baby and mother in the community who commit to visiting the classroom weekly for about 30 weeks. The students get to know the baby, watch it develop, and learn to understand their feelings about their connection to the baby. What is being taught is that everyone is somebody's baby, and that everyone deserves to be treated with the same respect that we would treat our own babies. The program also follows the students for several years and measures things like aggression and collegial behaviors, and has been found to have a measurable effect on both. I know I am a long way off from the original topic of this blog, but I do believe that we all have a responsibility to build empathy in our society, and those of us who have a connection to young children (whether they are our own or not) have a perfect opportunity to help them grow into empathetic adults. If we were all empathetic people, we wouldn't have discrimination. I encourage anyone to Google Roots of Empathy and its founder, Mary Gordon.

Mojowin

Spot on with the bullying comment and ironic these corporations will not tolerate bullying as they state in their corporate policy manuals, however they are many times guilty of violations of their own policies. Corporations here usually always adopt an unspoken 'corporate entitlement' way of thinking. It's disgusting. It's accepted usually but it's going to shift. Stating the law or act is one thing but the way the laws are written can be interpreted in such a way that the color of law winds up superseding the right and wrong component of the action. It's a mess and must change.

dadnabbit

Hey Laurie,   Having a policy in place and honoring that policy are two different things. :-(  Unfortunately here in America, you can find yourself locked in a legal battle over things that should be considered "rights".  When you are in a surgical situation, you rarely have the time to fight that battle.  However, perseverance is key to successfully receiving benefits that ARE mandated.  You really have to be able to survive in the interim.

PEACE

Nancy

Past Member


Yes, we have the same problem here with honoring the policy, however, it is somewhat easier when there is a policy to refer to. I am familiar with our system (and all its flaws), but didn't know how your system works. Our system is supposed to protect the vulnerable whose rights are being trampled, but is not immune to getting bogged down in legal red tape. Still, I try to remain optimistic. In my parents' day, there was no human rights code. What we have now isn't perfect, but it is evolving. We can only hope that it continues moving in the right direction.

Laurie

Mojowin

This is how my former employer's attorney responded to my cancer and colostomy:

"I can assure you, no one at my client's office cared if you had cancer or a colostomy bag. You have set yourself down a path blinded by your dissatisfaction that might well end in your bankruptcy. That's a matter for you, but I looked into every claim you made and none of them stacked up. The TWC rejection of your claim supports my client's position, and I think you are seeing what you want to see. If or when the breaches are proven by you, I would think it very hard to return to your industry position, a situation you are creating for yourself."


This guy is a total nut case. First, the TWC rejected their claims and supported my appeal. (I won 2 so far). He went on to accuse me of criminal activity for withholding their laptop, but I sent it back weeks ago and sent them the tracking number and receipt. It's amazing.

I'm going to Austin to meet lawmakers, and then I'm forming a non-profit to help others of our kind. Stay tuned.

Past Member

It never ceases to amaze me what garbage defense lawyers can come up with. This guy is covering all sides at once - he insists that not only will you lose, you will bankrupt yourself, but if you happen to win, you won't want to go back to a poisonous work environment so you should just give up. Ridiculous. I wish you good luck, but it sounds as though things are already going your way in this fight. Thank you for posting on this topic. Please keep us in the loop.

Laurie

Bill

Hello Mojowin.
Over here in the UK, the law has been skewed for the benefit of the employers and corporate bodies, which makes it very difficult for ordinary people to get any sort of justice
One of the things that gets in the way, is that they insist that any complaints need to be made to the people that are being complained about. Now, on the surface, this seems like a good idea and is supposed to be so that the person/organisation complained about have an opportunity to put things right.
Unfortunately, the organisations have developed complaints systems that are little more than emotional sponges, designed to pacify people in the hope that they withdraw the complaints without anything being done to rectify the problems.
I tried to capture this concept in the rhymes below, which adopt the ‘corporate view’:
I hope you enjoy!!

Interestingly, I am still composing rhymes for complainants from 20-30years ago, and they still have not had their complaints heard in a satisfactory manner. The organisation is persistent in hoping that these complainants will simply 'give up'. The only reason they don't give up, is that they have been complaining on behalf of someone else who has a disability. Hence, they feel they have a moral obligation to continue. 

COMPLAIN TO US – (the organisation)

Your complaints mean more to us
than just someone who makes a fuss.
Because we think we’ve found a way
to contain all that you say.

In days gone by we would ignore
everything you said or swore.
We would stonewall until the day
your complaints would go away.

But things have moved along since then
and that includes our regimen.
Gradually our system changed,
our strategies were rearranged.

Now complaints and aggravation
often lead to litigation.
So we employ a motley crew
to persuade you not to sue.

These folks are paid to treat you nice
so we don’t have to pay the price.
They try to act just like a friend
listening to you for hours on end.

They’ll listen to your anecdotes
whilst making many copious notes.
All of this to keep you calm
so your attack they can disarm.

If it’s obvious you are right
then there’s every chance they might
offer you some compensation
often by remuneration.

They say they’ll learn from your complaint
and in future show restraint.
But we all know that it’s not so
as on our well-worn path we go.

                             B. Withers 2013

COMPLAINTS PROCEDURES.

Doing nothing is our main aim
so you must learn to play this game.
Defensively the number one
is to pretend it did not come.

It’s easy when it’s a phone call
just don’t do anything at all.
We know it sounds like a cliché
but listen to what they have to say.

Make out you’re taking down details
with everything that that entails.
Then convincingly you say
it will be sorted straight away.

Then when the phone’s back on the hook
you can get back to read your book.
If nothing’s written down you may
deny whatever people say.

If they deem to ring some more
repeat procedures as before.
This tactic is a well tried game
so we don’t know and your to blame.

When we have persistent ones
we will bring out our bigger guns.
People trained to ooze goodwill
yet still do nothing with great skill.

We’ll correspond with smarm and charm
to keep them calm and then disarm.
And hopefully they will withdraw
all complaints that made them sore.

But if they really will persist
with complaints that still exist.
Then we’ll try a different tack
to simply try to knock them back.

We’ll protest it’s been their fault
so correspondence now must halt.
We’ll get together with one voice
and make out we have no choice.

Then future correspondence might
be binned or kept well out of sight.
This way we’ve played a blinding game
at doing nothing whilst laying blame.

                                 B. Withers 2014

Mojowin

Bill, Padfoot, Nancy, Laurie, Naddabbit,

I wish I could rhyme like that

but instead I think I'll get a tat

What's that? (That's for you Bill lol)

Clearly I need help with it. (Including the rhyming) and spelling.. I have to do this. But not call it a complaint, rather a moral obligation. The plan is to target a lawmaker, after I research them to understand if they are the right one(s) and tell my story and yours so please spread the word. I'm interested in helping people who have endured discrimination.. In the court I like going up against the big bad know-it-all attorney, however the courts could care less about right and wrong, it's the interpretation of the law that rules. Now there are certain weapons in the Federal Rules of Civil Procedures that when tailored perfectly will gain momentum, however unless you are an attorney which I am not, the compromises are done behind closed doors. Favors here and there. etc, etc, it's a dirty business, currently, apparently I've gotten under one's, an attorney's, skin as his emails get longer, they are in fact evidence I'll store as a useful tool when compiling facts. I really dislike attorneys. And of course judges are appointed. Our kind must stick together though and fight the fight. .. discrimination fight that is. I'm in attack mode despite risking my career, it's worth it. The oil and gas sector will not like me in the coming months when I call them out on the regulation violations I will expose to the ones who want to hear. A storm is brewing.

dadnabbit



Unfortunately, I have discovered that, more than being an "interpretation" of the law, it is a manipulation of the law that seems to be the most difficult and effective part of the argument against the system. I do recommend speaking with law students towards the end of their schooling and readying for the LSAT's. They are, especially right now, rather underutilized as internships have come to a standstill so there is a massive amount of current data out there sitting dormant. Fighting that system requires perseverance and persistence and that is the best advice I can offer. I had to go five hours out of my area to avoid the political system protecting the hospital that did me harm. I only had two years to file and it wasn't until 20 months out from surgery that I discovered I had been treated with drugs via IV, that I had refused orally because I knew the damage they would do to me. I was lied to about it, and only found out about it after needing 4 transfusions from the damage. Then I was given damaged data from them that crashed my lawyer's entire law firm's computers. The data discs took forever to receive from the hospital, and were received one week prior to the final date to present it to get onto the docket. Then we had to get a new one because of the "virus". We jumped through hoops to get a new disc before the end date, and then the hospital tried to charge me $1680 for the new disc as it was a "duplicate". A whole lot of BS and a whole lot of work. BUT the end result was an offer to me to avoid a legal battle. I wasn't looking for money. I'm looking for change so I am still a thorn in their side because I haven't accepted any payment from them, yet. That was SIX YEARS ago, and I am still fighting them. As far as SSDI, I had an insurance policy that I purchased through my job. LTD usually covers up to six years, but at year two my insurance company pushed my claim into the governmental system of SSDI. It took two years to get that corrected, without payments because if I had accepted the payments the case would have closed. If you can survive a few years without income you can fight that, otherwise you should force them to pay the insurance policy to end of term, to avoid shortening the amount of your eventual payments. It is a very skewed system, against the patient. GOOD LUCK and let us know the outcome.

PEACE

Dadnabbit

Past Member

Nancy, I am very sorry to hear about your experience. It underscores the need for legal advice and patience as the process drags on. What I know of you from this site is that you are strong and determined. They will regret that they tangled with you.

Laurie

dadnabbit

The real scary part is that they are world renowned and VERY POWERFUL, which only serves to prove that mistakes can be and are made everywhere. It is up to the patient to do everything they can to self-advocate, and even then it is out of your hands. Persistence, honesty, and FACTUAL PROOF are NECESSARY. I now ALWAYS record every appointment, every time, for everything. At first, doctors are not happy but in reality and upon explanation, I tell them it protects them as well as me. I will never set foot in a hospital again, for anything, but my husband is still on the fence because of a heart condition, so the one thing we have learned is to record and keep proof. Self-advocacy is worthless without proof. Good luck.

PEACE

Dadnabbit

Past Member

SSI laws were changed during the Obama years. My wife was denied because she still could speak and communicate. Politics has no place in disability. She was denied when she had strokes.

bays6513

Hello Mojowin,

Wow, I totally understand what you are going through! I was also a victim of that with my employer. It was a living nightmare. I hope to return to work soon, but before I need to have a meeting with my company. I know they will make it hard for me to return. I already had a surprise home visit from the job!

I would like to know, is your case settled? And maybe you can message me and I would like to get info and try to be ready for my fight that is ahead of me.

Take care and best of everything.

Thanks,

BAYS

Mojowin

I hear you! Same thing with me. Try Heard and Smith Attorneys out of San Antonio. They specialize in SS disability cases.

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