Is this considered workplace disability discrimination? I posted this on /r/legaladvice too, but just wanted to see if there are others who’s been through similar issues and if there’s any way for me to peacefully resolve this. I’m a bit hesitant on going to HR because of the backlash from the employees who’ll immediately know who ‘snitched’ on them regarding this.
So I have lasting injuries from a prior incident years ago that still affects me to this day. I cannot stand, walk, or run for long periods of time without having debilitating pain that lasts for days. I’ve recently been hired at a convenience store and had started on-site training yesterday. I work full-time, an 8-hour shift. Near the end of my shift tonight I asked my supervisor if there was any way that I can get accommodated due to my physical disability, like having a chair to sit behind the cash register during intermittent periods of time when the pain gets really bad.
She basically told me, “No, we don’t provide chairs, and this is a type of work where you stand and work around all hours of the day. If you can’t, then I don’t think this job is a right fit for you and maybe you should quit.” Something to that effect. She was very condescending about it. I also find it quite ironic since during the majority of our shift all we do is stand behind the counter working the cash register. It probably didn’t help since my injuries aren’t actually visible and are easily covered with my clothing. I’ve had multiple surgeries for my fractured back and left arm and shattered feet. I still have deep scarring from the surgery, but as I said, it’s not really visible since it can be easily covered with clothing. I don’t know if that matters, and maybe that’s why she thought I was just being entitled or something.
Is this considered discrimination for an ‘unseen’ disability? Can they not accommodate and provide me a chair, even a stool is fine, to let me sit for a few minutes or something for me to recuperate? Should I be showing paperwork of my medical documents of my past surgeries as proof or something? It’s been so difficult to find a job due to my disability and this is my first job I’ve had in years. I really don’t want to lose this job, but at the same time I don’t want my health to deteriorate if I can’t have at least some sort of accommodation or compromise to this so I can work at my best. I really enjoy working and finally having a stable source of income so I really don’t want to lose this job over something like this. Am I just overreacting? This is a first for me so I’m really confused. If someone can provide me some information and/or advice on this, I’d be most grateful.
I stay in the US in California, if that matters. I should also mention that when I was filling out the hiring forms and whey they asked the question whether or not I had a disability, I chose ‘not to disclose whether or not I had an disability’. I did not outright deny on whether or not I did, in fact, have a disability due to the stigma and judgment behind this and getting overlooked if I explicitly stated that I have a disability.