A Goal Without A Plan Is Just A Wish

Notifying Prospective Employers Of Your Disability

I’m currently wrapping up three Resume Re-engineering projects that I should have done before I break for the Long Labor Day holiday weekend.  When it comes to resume re-engineering’s, one of the things I ask my clients is to send me is everything they would send an employer when applying to a job. Most of the time I receive a resume and perhaps a cover letter. Sometimes it can be a whole bundle of different things.

Here’s a tip: If you have a disability of any kind, not only are you not legally bound to inform a prospective employer about it during the recruitment process (before you get a job offer), but you shouldn’t. Do not submit your “Schedule A” disability certification or any other documentation relating to your disability. Unfortunately, we still don’t live in a perfect world and you can be setting yourself up for discrimination.

Let the employer invite you to an interview or even offer you the job. Once you have a written offer in hand, then you can share with them your need to be accommodated, if applicable. Additionally you will have a strong case if you were to be denied a job after they actually found you qualified enough for the interview or the job itself. Avoid giving your employer any information that could work against you, even if they can’t legally deny you because of a disability, there’s always pseudo-legal ways and loopholes they may use to not have to deal with you …and the extra time and money it may take to accommodate you.  

Being sexually harassed on the job?

Being sexually harassed on the job? Unfortunately for the alternative and eccentric person, this is a common occurrence. I think the reason is due to the assumption that some hold that alternative women with piercings are more sexually open. Some wrongfully interpret female alternative make-up and piercings as a sexual invitation. For men, it can be interpreted as not only a sexual invitation, but as an indicator of being gay; which as we know - is absolutely not true.

I believe that people who sexually harass others tend to be predators. In short, if you’re being sexually harassed, you’re probably not the first person the offending individual has sexually harassed. It’s like a pattern of behavior that never stops until someone pulls out all the stops to get the behavior to cease. If no one “stops” the person, it tends to keep occurring until someone does. So what do you do? You can change jobs or offices etc. This may pull you from the path of the offending person, but it doesn’t help the person who comes after you. Like it or now, you’re not helping to solve the problem because you’re letting it continue instead of addressing it.

Addressing the issue head-on has its results and repercussions; obviously and sometimes unfortunately if you’re not knowledgeable and strategic about it. Besides your Human Resources department (which many of you do not have because you’re working in a small business environment), below are some resources (click on them) to guide you on next steps!

• Sexual Harassment: Actions You Can Take
• Workplace Sexual Harassment (in small, informal businesses) - Small businesses often have a less formal working environment than their larger counterparts. Don't let this informality lead to sexual harassment.

 

Pregnancy and Work Related Question & Situation

Question/Concern:

I understand that there was some controversy when I left yesterday about phone/desk coverage because the other two secretaries went AWOL. My supervisor gave me a heads up about the situation when I got in this a.m. The manager that made the complaint has been trying to get me fired...she's upset because I was pulled off of her project as administrative help. She's sent several emails to HR about me for some rather stupid situations...including the fact that I had to leave yesterday to go to the doctors. She has also complained about my absence when I was out for surgery. I have not and probably will not confront this individual. My immediate supervisor is aware of this individual's actions and has interceeded on my behalf with corporate office.

This latest issue, has me seriously looking at other employment options, however at this stage in the pregnancy, I am too far along to hide it and I won't be able to do any serious interviewing until after the baby is born. Freelancing is going well and I'm nearing the end of my first Freelance assignment. And, I have several more lined up. While these won't pay all the bills, its extra money coming in that can assist me if I need to stop working with my current employer before September. This is a very frustrating situation for me to be in. I'm too far along to really interview elsewhere, so I'm trying to make the best of this situation. I just don't need the added stress and hassel on top of being pregnant.

I understand that this person's actions may fall under pregnancy discrimination. Does anyone have any idea of how this works. I do know that if hired by a company and you disclose that you are pregnant that they can't fire you. I'm wondering if hostile actions by others because of pregnancy falls under this type of discrimination as well. I get excellent reviews on my work, so I know its not work related. I'm researching it now. After all if I get fired, I can go collect unemployment...But I'd rather not go down that road. It took me 4 1/2 months of unemployment and interviews before I found this position.

Any and all advice welcomed.

RT

Response:

RT,
Wow, I'm so sorry to hear about your situation. It's clear that it's getting on your last nerve. For some background, Title VII of the Civil Rights Act of 1964 was amended in 1978 to include the Pregnancy Discrimination Act that makes it illegal to discriminate because of pregnancy, childbirth, orrelated conditions. To break it down, this means it's illegal to:

- Refuse to hire a woman simply because she's pregnant
- Fire a woman simply because she's pregnant
- Force a pregnant employee to leave work if she is ready, willing, and
able to perform her job
- Stop the accrued seniority of a woman who has taken leave to give birth
or have an abortion (in most cases)

Based on your description, you're not being discriminated against due toyour pregnancy. This woman can complain all she wants about you and her actions are not illegal based on the Pregnancy Discrimination Act (PDA). Keep in mind that she's going to HR. If HR is aware of your pregnancy then they're almost certainly aware of the laws and will tread very carefully while dealing with their response to this woman's complaints. Complaining is one thing but unless her complaints are *causing* you to be disciplined in any way (written up, etc.) then no adverse actions are being taken against you. If indeed adverse employment actions are being taken against you based on her complaints, this then could be included in the PDA and you could be protected especially if they fired you as a result of her complaints during your pregnancy. Because of your outstanding work record anyway, this is highly unlikely. Going to the doctors and being out for surgery are obviously highly legit reasons for not being at work. When this woman complained to HR about it, they probably laughed at her as soon as she left. Any trained HR professional (or anyone with basic common sense for that matter) knows those are legitimate reasons protected by law and probably company policy. I wouldn't worry about it. So this woman is complaining? So what? You have your doctor's note etc. Let this foolish, ignorant woman spend her energy on stupid things while you focus on your emotional and physical health for yourself and new baby.

All of that said, your situation has the potential to be included under Harassment and not the PDA. In this case, it would have to fall under "Hostile Environment Harassment". Again, to clarify this just means that conduct is so severe and pervasive that it interferes with your performance, creates a
threatening/intimidating/humiliating work environment that affects your psychological well-being. To verify this in court the employee usually shows medical records of having to take off of work due to stress, having to be in counseling for stress etc. as well. This goes significantly beyond just being aggravated and annoyed by another's actions. You've already taken a positive step by having your supervisor speak on your behalf. Unless you're losing sleep over this and feel you need to seek counseling because of the way this woman's actions and complaints make you feel, then I suggest you let it go OR request a meeting with HR and ask for a Resolution Mediation where your supervisor, HR, the offending woman, and the offending woman's supervisor sit down and put everything on the table to clear the air and get her off your back and out of your business. The only other thing I want to mention is don't be a dream buster to yourself. You wrote "however at this stage in the pregnancy, I am too far along to hide it and I won't be able to do any serious interviewing until after the baby is born." I can understand this if you're worried about getting another job and having to take off soon after - but don't NOT interview just because you're pregnant.

As mentioned above, it is illegal not to hire someone because they're pregnancy so if you have the right qualifications and everything falls into place, you may be surprised. Some employees will find another reason not to hire you if they really don't want to because of your pregnancy but would you really want to work there anyway? I've found that most employers are pretty good about it. A legit reason for not hiring you could be if the company is hiring for a project that needs to move ASAP and knowing that you will be out will have a serious effect on the project and cause undue hardship for the company. Personally, when I worked as an HR Generalist a few years ago, I interviewed a highly qualified pregnant woman and forwarded her to the hiring manager. He liked her, but didn't want to hire her. He asked me why I forwarded her to him knowing she was pregnant. I told him that as an HR professional, the law kept us from not hiring her solely on her status as pregnant, thus I had no reason not to forward her to him. In short, we hired her and she worked out well. Not too long afterwards however, despite her own wishes, her doctors advised her to take to bed rest and we had to hire someone else temporarily to fill her spot. When she was ready to come back, she could have - she eventually chose not to. But I digress. Anyway - I hope this helps.

Good luck and stay positive.

~ Ebony