MODERATED AMERICANS WITH DISABILITIES ACT (ADA)

Overadecade said:
Sorry for not being clear; didn't want to out the person in the situation.
But, we did have a guest facing TM who didn't have TS or anything like that, but did have mobility issues, who would routinely say horrific things to guests and TMs, and an HR too afraid of a lawsuit to say anything even though the issues were completely unrelated.

In my experience, the HRs simply defer to the BP who makes the majority of the decisions, anyways.
Interestingly, this new op model has been the first time in a long time (family history of Target employees) that the company has flagrantly been willing to fire people protected under the ADA, which makes me believe it was intentionally built into the model.
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Mea culpa.
That's what I get for making assumptions.

One of the first things that any of us who work with people who have disabilities learn is that they are people just like everybody else which means the percentage of assholes is just as likely.
Putting together the paperwork to fire someone who has a disability is no more difficult and is just the same as for someone without a disability.
As long as you dot your i's and cross your t's there is no problem.

The problem is not a lack of experience so much as laziness and an unwillingness to take the steps needed.
It is the same as when they say bad teachers can't be fired.
Sure they can, it's just that the administrators don't want to do the work.
It is easier to transfer them to another school, ignore them, and give the excuse that the union is stopping them.

I do think you are right about the new model is set up to get rid of people with disabilities.
 
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Gonna say this right now...leaders should handle disabled folks in our store. A good half of the store's team members are not competent enough to do so so you are leading TMs down a dangerous path for the store's sake of keeping things going. Leaders need more accountability. And I love my leaders but lackluster and lazy management is the crux of our issue in ALL stores right now from what I can tell.
 
EchoFoxtrot said:
Gonna say this right now...leaders should handle disabled folks in our store. A good half of the store's team members are not competent enough to do so so you are leading TMs down a dangerous path for the store's sake of keeping things going. Leaders need more accountability. And I love my leaders but lackluster and lazy management is the crux of our issue in ALL stores right now from what I can tell.
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I can't figure it out, clarify please. Are you saying that disabled folks are not competent because of their disability, leadership is slacking for not holding them to a standard they cannot meet even though they can meet the job description, and they should be performanced out for their disability limitations even though they can do the core duties with support. Or if the first sentence is meaningless and you included it to post here to bitch about store leadership.
 
EchoFoxtrot said:
Gonna say this right now...leaders should handle disabled folks in our store. A good half of the store's team members are not competent enough to do so so you are leading TMs down a dangerous path for the store's sake of keeping things going. Leaders need more accountability. And I love my leaders but lackluster and lazy management is the crux of our issue in ALL stores right now from what I can tell.
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What are you trying to say?
If the TM has a disability and needs an accommodation then yes, the leaders need to be involved to get things set up for them so they can accomplish their tasks.
Sometimes it is difficult for the management because the team member needs to ask for the thing they need, extended breaks, visual enlargement, more time to accomplish the task,
However the the leaders (HR especially) need to take the steps necessary to when they see someone with a disability is struggling.
If you are just saying they are incompetent then that has nothing to do with people with disabilities and the ADA.
 
commiecorvus said:
What are you trying to say?
If the TM has a disability and needs an accommodation then yes, the leaders need to be involved to get things set up for them so they can accomplish their tasks.
Sometimes it is difficult for the management because the team member needs to ask for the thing they need, extended breaks, visual enlargement, more time to accomplish the task,
However the the leaders (HR especially) need to take the steps necessary to when they see someone with a disability is struggling.
If you are just saying they are incompetent then that has nothing to do with people with disabilities and the ADA.
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sorry if I came across with the wrong sentiment...I am saying if there is a disabled person who needs help in the store (a guest) then a regular TM should not be tasked with helping them...I believe all disabled people should be helped with anything they need in our store but it should be a Team Lead who does it and not some random team member who doesn't probably even care...I am more than accommodating for disabled guests but I have no training in how to handle them and it's just flying by the seat of my pants the whole time. I laud drive up because of our disabled guests. Again, I apologize if I came off crass or rude.
 
Tessa120 said:
I can't figure it out, clarify please. Are you saying that disabled folks are not competent because of their disability, leadership is slacking for not holding them to a standard they cannot meet even though they can meet the job description, and they should be performanced out for their disability limitations even though they can do the core duties with support. Or if the first sentence is meaningless and you included it to post here to bitch about store leadership.
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yikes I was not typing what I meant supposedly...I meant leaders should take care of our disabled...they already cut hours every year around this time and force us to do the same amount of work basically and I did not mean anything against disabled people at all edit: and Im not trying to be mean, if a disabled person needs help I help them but it should be a leaders responsibility to help a disabled person...I was never trained on how to handle an autistic person or assist a mentally handicapped person by any means...I mean it's kinda straight forward but I still believe a boss should be taking care of them...maybe im misguided in this idea and im willing to accept that if Im actually wrong morally about this...I treat everyone the same though...but if there is an elderly or disabled person near me and I see them trying to get something I will rush over to help in moments...Im not trying to say dont help im just saying the help should be provided by someone whos actually probably trained in such situations...meh my argument is falling apart I dont even know why I brought it up
 
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This is even worse. Those People are unclean so a regular TM shouldn't be near them. Only a leader can dare assist Those People, to keep the unclean from spreading.

Grow up. There is no special training certificate on how to help the disabled. There are no college classes, no unclean training. It's all common sense, and they will indicate in some way if they even want assistance, or what type of assistance they want. There's no reason a TM can't help, it's all about if they want to help or if they want to pass the buck with a fake "I don't have training" lying excuse.
 
EchoFoxtrot said:
sorry if I came across with the wrong sentiment...I am saying if there is a disabled person who needs help in the store (a guest) then a regular TM should not be tasked with helping them...I believe all disabled people should be helped with anything they need in our store but it should be a Team Lead who does it and not some random team member who doesn't probably even care...I am more than accommodating for disabled guests but I have no training in how to handle them and it's just flying by the seat of my pants the whole time. I laud drive up because of our disabled guests. Again, I apologize if I came off crass or rude.
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Here is a thread on the subject of customer service for people with disabilities.
If you really want to help the folks at work you could copy it and take it in to work.

www.thebreakroom.org

Customer Service For People With Disabilities

Here is some information on how to provide good customer service to people with disabilities. A couple of bits of house cleaning first. Disabilities aren’t always obvious. The person using a wheelchair, a guide dog, or an ASL interpreter are easy to spot. However, someone with an extreme...
www.thebreakroom.org www.thebreakroom.org
 
commiecorvus said:
Here is a thread on the subject of customer service for people with disabilities.
If you really want to help the folks at work you could copy it and take it in to work.

www.thebreakroom.org

Customer Service For People With Disabilities

Here is some information on how to provide good customer service to people with disabilities. A couple of bits of house cleaning first. Disabilities aren’t always obvious. The person using a wheelchair, a guide dog, or an ASL interpreter are easy to spot. However, someone with an extreme...
www.thebreakroom.org www.thebreakroom.org
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I appreciate it. I have disabled folks in my family and I don't want to make any guest or fellow tm uncomfortable or have a hard time from their disabilities. I honestly care, and maybe my comments were not completely appropriate. Thank you.
 
So uh...let's say there's a department manager at my job who thinks that having a learning disability is a license to get paid free money to stand around and chit chat for 12 hours a day. Specifically, this concerns a 29 year old who works his mouth and not much else, and him being typically a stationary "aisle-statue" means getting in my god damn way and dragging down my numbers. So I have two questions, only one of them serious: Firstly, isn't this manager's assumption that people with disabilities should have only 1/1000th the accountability, because they have a disability, kinda...I dunno, ableist thinking? Secondly, seeing as I myself also have a learning disability, is there a hotline I can call so they can send me a free $22,000 every year as well? tia 👌
 
Not sure if I should post here or not. However I'm a former employee I was terminated a few months ago do to my hospitalization. And yes I do have a doctor's note and a medical disability. I've been fighting every since to regain my employment status back. My doctor note and phone calls were not good enough for my target for some reason. My children are now trying to get me to seek legal help. I'm not interested in this how very I'm starting to feel as if I should. Target knew of my issues. And I now feel I must and should take some type of actions which hurts inside
 
Fenlon2 said:
Not sure if I should post here or not. However I'm a former employee I was terminated a few months ago do to my hospitalization. And yes I do have a doctor's note and a medical disability. I've been fighting every since to regain my employment status back. My doctor note and phone calls were not good enough for my target for some reason. My children are now trying to get me to seek legal help. I'm not interested in this how very I'm starting to feel as if I should. Target knew of my issues. And I now feel I must and should take some type of actions which hurts inside
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The big question is, did you request accommodations before they fired you?
Them knowing your medical issues doesn't protect you unless you make a request for ADA protections.
To be honest even then it can be tricky but at least they will have to be careful about how they screw you over.
 
ADA requires employers to provide reasonable accommodations based on the disability. FMLA provides job protected leave. Were you eligible for FMLA (12 months employment and 1250 hrs in the last 12 months)? Did you fill out that paperwork? Was the disability a recent onset or was it ongoing and did you have the accommodations in place before the incident in question?
 
Fenlon2 said:
Not sure if I should post here or not. However I'm a former employee I was terminated a few months ago do to my hospitalization. And yes I do have a doctor's note and a medical disability. I've been fighting every since to regain my employment status back. My doctor note and phone calls were not good enough for my target for some reason. My children are now trying to get me to seek legal help. I'm not interested in this how very I'm starting to feel as if I should. Target knew of my issues. And I now feel I must and should take some type of actions which hurts inside
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So you were terminated because you were unable to work because you were in the hospital, correct?

If so, you have to work a total of 1250 hours during the 12 months preceding your leave to be covered by FMLA. Did you work that amount of hours? It's just over 24 hours a week. There also needs to be a total number of employees of Target within a given radius, but I've yet to see a store that didn't have enough. If you did not work at least 1250 hours in the previous 12 months, you are not eligible for federal leave or job protection, though your state may offer additional protections (you didn't tell us which state.)
 
Hello thanks for the information. I have since qualified for unemployment. However I will not be giving up on my situation with Target. I'm I strong willed person thanks to the military and truly feel that I'm in the right. I will continue to post here to keep others in a similar situation updated.
 
I'm profoundly deaf, but I never tried to get any form of accommodation for doing my job. Since I lost my hearing AFTER I learned to speak, I can speak fairly normally (sometimes too loudly, just tell me to can it and I will) most people assume I have more hearing than I actually do. The roles I've been in so far in my 3 years are simply sales floor, front end and closing expert. I'm not interacting with a whole lot of other people usually. The only problem is that because of coronavirus, we all have to wear masks now. That means I can no longer read lips, rendering me effectively incommunicado. My LOD made me a secondary button that says "I am deaf I read lips best" (I can take a picture of it, it's really great) so that when guests stop me to ask me a question I can point to the button and then they can decide for themselves whether the item they need is so crucial that they must unmask themselves.
 
No accommodations? So when they say part of the job is answering phones for your area you just say no and sign the write up? Sounds kind of silly for you to say there's been zero modification of duties to account for your lack of hearing. Especially since your leadership made a button to assist you in guest service, which is an accommodation.
 
It's amazing how few phone calls get directed to the salesfloor now that Guest Services has the honor. Either they are answering all of the questions, or none of them.
 
Just out of curiosity, what would you do if the form your hr gives you for accommodations has nothing that you would need for your disability?
 

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