Injured workers disparate treatment.

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Injured workers disparate treatment.

Post  XRAYVISION on Wed Apr 28, 2010 4:14 am

I have a question hoping to get any and all opinions legal or otherwise.

Say you have 2 workers in same facility that perform same job duties, but run by a different manager, so 2 separate depts, but SAME job duties ( tasks performed with same equipment)

1 worker gets injured and administration decides the injured worker can return to work with accommodations and worker does so, again with limitations, but still performs major essential functions.

2nd worker gets injured and has job restrictions, same as first worker and asks that they be able to work with accommodations ( not knowing first worker was injured and had been availed accommodations) Same accommodations made for the other worker. 2nd worker denied accommodations of any sort FMLA runs out and worker is fired, even though in writing asked for accommodations numerous times in writing, with no response.

2nd worker finds out that first worker has been accommodated the whole time with same accommodations 2nd worker asked for and was denied, also finds out the first worker who was accommodated also took an extended leave ( WAY PASSED the FMLA time allotted for all workers according to Federal Law) further find out the first worker was not fired until almost ONE year after injury, when 2nd worker was fired right after FMLA was up, even though first worker also asked for reasonable accommodations to extend FMLA as well as accommodations to return to same position, just as first worker was granted.


Difference in 2 workers is that the first worker screamed loud and protested, to the point of over bearing and rude, the 2nd worker had at time of own injury alerted OSHA to the job injuries that should have fallen under the general duty clause of OSHA, but ignored by OSHA. None the less the OSHA complaints were filed by 2nd worker and NOT the first worker who was accommodated and not fired till almost a full year later.


So much retaliation also documented by the 2nd worker from time of complaint oif injury as well as OSHA complaint.

Can an employer accommodate and treat employees different in this manner, keeping in mind both workers perform same exact job duties and used same exact equipment, just ran by two different managers and keeping in MIND it was not the managers who decided either employees fate, termination or accommodations but administration themselves.


All opinions sought and welcome. Further details if needed or for better comprehension.

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Re: Injured workers disparate treatment.

Post  XRAYVISION on Wed Apr 28, 2010 4:17 am

correction : prior post, sentence 17 :


2nd worker asked for reasonable accommodation of extension of FMLA time, not the first worker.

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Re: Injured workers disparate treatment.

Post  JoeC (McGruff) on Thu Apr 29, 2010 12:43 am

Did the worker that filed the OSHA complaint the one terminated?
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Re: Injured workers disparate treatment.

Post  XRAYVISION on Thu Apr 29, 2010 3:48 am

Yes, Osha complainer was fired. ( the 1rst worker was not the one who reported injury to OSHA, they were injured before the one who complained to OSHA though.

As far as the post goes think of the 1rst injured worker as the one who was given all accommodations, not fired, accommodated for almost a full year, worked same job same duties same equipment. The 2nd worker, the one who filed OSHA complaint, was also injured, asked for accommodations and was ignored and only upon termination was told they would not accommodate ANY injury or medical conditions. The disparate treatment of 2 workers in same exact job duties, same exact equipment is very discriminatory.

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Re: Injured workers disparate treatment.

Post  JoeC (McGruff) on Sat May 01, 2010 2:58 am

She should contact the OSHA office that the complaint was filed with, there could be whistle blower protection.
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