My Wife Picks Shitty Jobs

Ok... here's a synopsis:

My wife works for a Private Day Care facility. She started out part-time and then after a year, became full-time.

Last summer, they asked her to teach a Private Kindergarten class at the school (seperate from the normal day-care) as the original teacher was going to be on maternity leave.

They asked her to get her CDL to drive the bus, and gave her a $2 an hour raise to go with the new position.

Things are going really well up to the beginning of February.

My wife has some chronic health conditions. She has Fibromyalgia (which causes constant back pain) and Endometriosis (a female disease). She has never allowed either of these to affect her job or how she has done her job. The Endometriosis had been under control and her back pain was manageable.

However, at the beginning of February, we had to go to the ER because she was experiencing extreme pain in her bowel region. She missed a Monday as we were in the ER and that Tuesday so she could go see her OB-GYN. Basically, her endometriosis had returned with a vengeance.

The following week, she aggravated her back some way and hurt it enough that she missed another 2 days in a row, and a 3rd day the following week to get an injection into her back to help her with the pain.

Following that episode, the Director of the school, and one of the owners of the school met with her, and basically removed her from her position teaching Private Kindergarten.

They didn't do this out of malice, but they felt that the class needed continuity and my wife couldn't provide that while she was having health issues.

Unfortunately, that meant she would have to go back into a position that required her to work more strenuously then the position in the Kindergarten class. This of course only irritated her back even more.

Fast forward to this past Monday.

Wife had the flu, so she called in sick to work.

She calls Monday night to get her schedule for Tuesday. Response: "We don't need you Tuesday."

Tuesday night she calls for her schedule for Wednesday. Response: "We don't need you Wednesday."

She is now listed as a "Sub" teacher and basically has to beg for hours.

I've had it. We need her income, and if they cut 2 days in a row, on top of the day she was sick (they don't get paid sick days) that's a big hit on her paycheck.

Basically, the way I understand The ADA, is that my wife would qualify for protection under The ADA as her health conditions are chronic.

Not only that, but she never requested accomadations from her employer, yet they altered her workload anyways.

From what I have read about the ADA, this would violate the "Regarded As" Standard.

I.e. -
Quote:
In other cases, employers have altered the workload of employees who they mistakenly believed to have HIV or high blood pressure without a request for accommodation from the employee. This is called the “regarded as” standard and is well settled in this area of law. Employers need to beware of making accommodations for employees who have not requested it. Although the federal law is designed to be a “clear and comprehensive national mandate for the elimination of discrimination against people with disabilities”, in practice, it poses much confusion for employees and employers, as well as the courts.

Granted, my wife doesn't have HIV, but her conditions are on the same level as high blood pressure and are just as chronic.

Not only that, but she has asked them (indirectly) to accommodate her in her new "position" which, they patently seem to ignore.

So, I guess I am wondering if this is worth pursuing legally.

My wife would prefer not to, as she has decided to get certified to teach in a real school, and needs letters of recommendation.

However, I still would like to confront these people after she has secured such letters, if only to let them know that they fucked up.

Playboys or Guns - Tough Decision

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