Accommodation for disability started in October of 2021 and still haven’t been allowed back and it’s August of 2022, even though VA Physician said I was fit to return with minor accommodations. Amazon recently fired me twice for job abandonment, while I thought I was on leave of absence, and I filed an appeal the first time explaining the situation, while also asking if this was retaliation for filing EEOCO complaint. VA Hospital took forever filing out the paperwork (this is the norm with VA), but I communicated with both groups and notified both of the issues.
Disability Discrimination: Harassed for mental disability by Learning Ambassador, when I asked about accommodation process. Questioned if I was a “retar@,” then stated I looked fine and don’t want to get “railroaded” and told to finish day. Was never introduced to manager or supervisor. Found disability and leave section on my own in AtoZ app, when looking for way to complain. So, filled that out.
Instant denial of accommodation by site without interactive process, lack of understanding of accommodation needs, other possible accommodations not explored, and denied accommodations were possible if interactive process had been adhered to. Return to initial job was possible too with main accommodations correctly understood during an actual interactive process without proving difficult or financially taxing.
Amazon did not follow through with written communication requests due to disability. Withheld HR paperwork, pay, and disability pay both long term and short term. Even though I had direct deposit, they sent my sick days payout in check format to the site that Amazon denied me access to and this took over a month to fix. Did not respond in a timely manner or at all to inquires after being notified of EEOC complaint.
Began sending excessive/duplicates of HR paperwork in physical mail after 3rd request for accessible paperwork. Sent excessive emails with separation/termination language and ubiquitous UPT emails that insinuate separation/termination. If an employee falls below 0 hours of banked UPT, it is grounds for automatic dismissal. Was even told in an email by Amazon Disability specialist that separation would need to be explored, even though we communicated minimally.
Was told for months no jobs fit my accommodations needs, even though I have basic/standard accommodation needs. Then in June or July of 2022, Amazon offered me an IT position (I have no experience in IT) that clearly would not fit my needs and required more social communication than my original forklift job.
I have mediation coming up with EEOCO and Amazon agreed to meet, but don’t have a lawyer because I cannot afford one… can barley afford day to day living. I never received disability insurance pay from them or the State I live in, because VA Hospital only just now finished paperwork.
I think I’m doing this right, but I’ve never been through this before. I’ve spent all my free time trying to figure out all the legal stuff on my own. Reading about the ADA process, Amazon and it’s requirements, the EEOCO disability website, reading about wrongful termination, and etc… I might as well try and get a law degree while I’m at it. Am I doing this right? Any suggestions or information would be welcome.
I kept all documentation and took screenshots of everything and have a written diary, because my memory isn’t the greatest. When Amazon fired me the first time, they locked me out of the app and communication I had with them on there, but luckily I took screenshots of everything.
What do I say or not say during mediation?