NC: Disability Discrimination and Harrassment

15 months ago, I was diagnosed with Epilepsy. It's not "well controlled" as yet, but with my treatment, my condition is improving.

I've done what I was told to do by my Neurologist. I've not driven, tried to get ample rest, taken my meds, etc... The only part of my Doctors instructions that I don't follow is to restrict my amount of work to 8 - 9 hours a day and to avoid stress. If you've worked or work in the computer industry, you know why that's unavoidable.

I am fortunate to have a job where I can work from home - I work remote tech support. I am the second-most senior (in time) employee in my department. Until recently, my employer has been very flexible in working with me regarding my disability and limitations. I've received remote training on new additions to the software I support and have been able to attend my Doctor's appointments as needed.

However, they recently moved my former supervisor to a Senior Analyst job and hired an outsider - I'll call him JB - to be Tech Support's supervisor. I feel discriminated against and threatened since he took over. I'm very paranoid of this guy.

Here's why. The first week he was officially the department supervisor, he fired one of the remote workers. I'm not sure as to why this took place and personally, I don't care. All I know is he fired someone that worked remotely, just as I do.

I use my personal PC for work. They didn't return the laptop they were supplying when I turned it in for repair. After JB took over the support department, I found out (by accident) that the VPN software I use to connect to the office had been updated (without my knowledge) and stays connected and authenticated - even if I log off. Unless I specifically turn off the service in the control panel of my personal computer, this would allow someone to be able to poke around in my computer without my knowledge. I've not said anything, since I can manage it but it's a violation of my privacy.

About 3 weeks ago, the 4 other techs (home office) with the most seniority were provided training on setting up a piece of software we all have to support. I was neither offered that training nor did I even receive any instructions on how that software performs it's job - yet I am expected to support it.

I've been out 2 days with a severe sinus infection. I called in on both days and went to the Doctor this morning - this was the quickest I could get there, remember I can't drive - and finally got some relief with treatment. While on the phone with a friend this evening after waking up from a long nap, I got a voice mail. After getting off the phone, I checked it out to see who called. It was JB, informing me that I was expected to be in attendance tomorrow and that he didn't understand why I wasn't available the last two days, since I had the "luxury of working from home". I don't consider my being able to work from home a luxury. If anything, it's a hindrance to my lifestyle and a necessity due to my medical condition.

He's also sent an email stating that all days off, including Doctors appointments had to be applied for and approved ahead of time. I use the Veterans Administration for my medical needs. Getting an appointment with the VA can take months to schedule sometimes and once you do get the appointment, it's difficult to get it re-scheduled due to the amount of people needing attention. This potentially means that I could wait for months to get an appointment, put in for the time off - my Neurologist is 3 hours away - and then be denied the time necessary to receive medical attention.

I know that the following can fall under "rumor control". My source is a good Christian man I work with and he wouldn't lie about anything, much less this type of situation.

Lastly, I've been told that he informed all the techs (verbally) at the home office that there were no more days off and that if they did miss, they would be expected to make up the time by working. Now, I don't see a problem with me working a 10 hour shift because of workload. However, I've missed 2 days - 16 hours - this week. If this is true, then to make up the time that I've missed would require me to work 13.3 hours a day! That far and away exceeds my Doctor's instructions.

I'm just marking off what's going on here and waiting to see if the axe is going to fall on me. Given the situation and what's happened so far, is there any recourse for me so far? What do I need to do to insure I'm protected and not set up for failure?