DISCRIMINATION CHARGE
In January I was injured at home when cabinets fell down on my head rendering me unconscious. I was due to be at work that day. Instead I went to the ER via ambulance. I was off work for several weeks. When I returned to work in February— of course I had several doctor’s statements, ER visit summaries, and many other things. Along with a doctors statement from my pcp requesting light duty. It was immediately denied.
My accommodations were immediately denied with the administrator refusing to take copies of ANY paperwork. I tried working my regular routine but was heavily impacted. In early March I wrote a letter explaining how this denial has affected me and stated I needed to go PRN per our conversation light duty (which my doctor requested) simply wasn’t offered there.. which the PRN status was quickly granted but left me scrambling for hours as I no longer had seniority or priority now as a prn employee. Ultimately I was left working more night shifts than usual which aggravated my symptoms.
One day in April after completing a night shift with no incidents that includes with staff or residents, I was called and terminated. The reason was I was sleeping for over an hour at the nurses station. This was shortly after writing the statement that I felt I was being discriminated against due to my recent concussion. All of this stemmed from them refusing accommodations and not engaging in the interactive process.
I took it to unemployment and won. The ALJ stated I was the most credible on record when he sent the findings.. They appealed and the Board of review went further in depth about how I— the claimant was the most credible and politely chewed them a new one. They lied during the hearing btw and it was obvious that they knew accommodations were needed based on the evidence. Their attorney argued that my medical documents shouldn’t be allowed based on the timing of receiving them. Meanwhile they never sent me or my attorney (free with unemployment online free lawyers) but yet that evidence was allowed. It was just one measly screenshot come to find out. I finally saw it after requesting my file from IDES.
Fast forward EEOC has filed a charge of discrimination and retaliation. I still have ALL the statements written including a witness statement who worked with me the night I was accused of sleeping at the nurses station.
How does one without bias view this case? I’m seeking an attorney just in case mediation doesn’t go well? Any suggestions? I’m in the state of Illinois near the St. Louis Missouri area. Also how can I handle them lying about never knowing I needed accommodations besides my PRN letter and the PRN schedule being granted. Also what if they claim to have never gotten anything? How would that work? Lastly, do lawyers represent for mediation only? How does that work and is it worth hiring one? This is my first time and it’s a bit much. Sorry for the scrambled message but thanks in advance