Sleep Apnea and the ADA

[Pooh105]

All,

I have an interesting question. Like most in here I have been diagnosed with obstructive sleep apnea. I informed my employer of this as we use GOV vehicles for work. I did not want to cause a danger by nodding off and having a crash. My employer has accommodated me by having someone else drive as we are always going out in pairs or in 3 man teams.
My problem is this. My Supervisor came though the work area today, and in front of the entire office informed me that I had better get busy with a cure for my apnea. The supervisor stated that he had been talking with other supervisors and he did not like the fact that sometimes I do nod off. (I try to have someone near me to elbow me in the ribs!)
I thought that my Supervisor's tone of voice and the fact he stated this in front of other workers is a possible EEO violation? What is the opinion of the group?

Thanks,

Pooh

[birdshell]

I do not know, but I would say that it is a violation of good management practices. When I was wondering about another situation, a Google search for the ADA gave a lot of guidelines and explanations.

Was it perhaps a way to let your fellow employees know that he is on top of the situation?

Did he do so in order to have witnesses to attest to the fact that he had attempted to remedy the situation (CYA)?

So many administrators/managers seem to be threatened (because they feel incompetent?) and then mis-manage. Best wishes.

[tlc95066]

Hi Pooh105,

Wow, that was not only insensative of him, but also a serious HIPAA violation. I urge you to go directly to the HR department and report this to them. If you haven't already you may want go to your heath care provider and ask him/her for a note that states what a resonable accomodation would be for your medial situation.

An ADA accomodation only needs to be reasonable and you MUST still be able to do the essential job duties of the position.

I am so sorry that this has happend to you, I remember what it was like before I was diagnosed with OSA. I used to have to almost pinch myself to stay awake in meetings! I hope your OSA gets to a point soon that you will not be affected during the day.

Best,
Teri

[Pooh105]

Being a GOV employee I am protected by the fact that any and I do mean ANY medical disability (and apnea is a disability under ADA) is private. I was doing some research after I posted this and it seems that my Supervisor cannot under any circumstances discuss an employee's medical condition in front of other employees. Since he had accommodated me by having others drive he has fulfilled his responsibilities according to ADA. My treatment for apnea cannot be rushed or hurried for his benefit or agenda. In any case I refuse to do that. I will proceed at my doctor's pace, not my Supervisors.
I seem to have answered my own question here. Besides the fact that he showed very poor tact by doing this he has committed an EEO violation. However, please give me your opinions on this!

Thanks,

Pooh

[tlc95066]

Not sure about if it could be considered an EEO violation. I would have to do some additional research. One thing I left out is that this is a serious breech confidentiality. In my opinion he should receive a written warning.

Best,
Teri

[birdshell]

Does GOV mean government? Sorry, I do not have any other interpretation in mind.

If not:

Do you have a union to which you pay dues? They should have information about this, if not a representative to accompany you to a formal meeting with this guy. It would be wise to NEVER talk to him without another person (trusted coworker, union rep, etc.) in attendance--and listening, not just in a busy room where others are not necessarily paying attention.

[seenas]

Hi,
Your supervisor was inappropriate in embarrassing you in front of your peers and co-workers. That behavior is inexcusable for any supervisor.
His responsibility as a supervisor once he was informed of your disability is to try to accommodate it in regard to your job description. If you are able to perform your job duties with reasonable accommodation, he must accept your disability and work with you. I would definitely recommend you file a grievance with your Human Resource Department in regard to your supervisor’s action. As far as EEO, I'm not sure, how much they would do, if you do not file a formal complaint with your employer.
No one has the right to embarrass an employee!

[GoofyUT]

You have the affirmative right of freedom from a hostile work environment. What your boss did is harassment, plain and simple. File a complaint against him. You can be sure that he's harassing others too, in one way or another.

Good luck!

Chuck

[Offerocker]

GoofyTU is right, as are others!
I was a Federal Gov't Employee for many years.
Your stupidvisor violated your Privacy by disclosing personal information about your medical condition, and it is a reportable offense!
I hope you do this, as he must be stopped; think how often he's done this to others in one way or another. Most importantly: Get your claim on the record!!! ...before he gets his, and you know he will, if he's already thought it out this far. That was only his first step, my dear. You know how big CYA is.
And the recommendation to have another person present during any/all discussions with him is excellent advice. YOU choose the person - some day he'll be doing the same. You need to let him know you're savy to him.
If he doesn't like you for ANY reason, he can/will make your life miserable. What he did cannot be undone. Call that permanent damage. Who knows what other people understand to be apnea.

Keep good records, of course. Glad you're nipping this in the bud. Be sure not to bad-mouth him, he has his moles for sure; they don't get that bold unless they're insecure, and need one.

Good luck, and keep your cool.
Oh, ask for more work once in awhile too - put it in the record. That will be to your advantage, believe me.
I assume you're 'GS'? I was 12/8 and saw plenty goings on. Above all, stay cool and smile a lot, especially towards him/her. .

[Patrick A]

GoofyTU is right, as are others!
I was a Federal Gov't Employee for many years.
Your stupidvisor violated your Privacy by disclosing personal information about your medical condition, and it is a reportable offense!
I hope you do this, as he must be stopped; think how often he's done this to others in one way or another. Most importantly: Get your claim on the record!!! ...before he gets his, and you know he will, if he's already thought it out this far. That was only his first step, my dear. You know how big CYA is.
And the recommendation to have another person present during any/all discussions with him is excellent advice. YOU choose the person - some day he'll be doing the same. You need to let him know you're savy to him.
If he doesn't like you for ANY reason, he can/will make your life miserable. What he did cannot be undone. Call that permanent damage. Who knows what other people understand to be apnea.

Keep good records, of course. Glad you're nipping this in the bud. Be sure not to bad-mouth him, he has his moles for sure; they don't get that bold unless they're insecure, and need one.

Good luck, and keep your cool.
Oh, ask for more work once in awhile too - put it in the record. That will be to your advantage, believe me.
I assume you're 'GS'? I was 12/8 and saw plenty goings on. Above all, stay cool and smile a lot, especially towards him/her. .

I would suggest you go to EEO I violated your rights and Privacy.
YOU CAN GET THIS FOOL FIRED.
And if he did it front ogf other employees ask your co-works to testify for you!

[Patrick A]

I am on disability retirement from the DoD. I would suggest that you tomorrow morning ask to go see the EEO at you command or facility and file a complaint and CYA do not pass go before you do this. This clown stupervisor did violate you privacy rights. BECAUSE NO ONE CAN DISCLOSE ANY INFORMATION ABOUT YOU OR YOUR MEDICAL CONDITIONS WITH OUT WRITTEN CONSENT.
Sorry about posting so close to this subject but I forgot to mention it.

[Patrick A]

Being a Federal Employee you do have a union. (even if it is as useless as ....on a boar hog) They have to represent you evenif youa re not a paying member. Call them tomorrow morning, and ask to have an appointment with your shop steard.(Yor supervisor has to let you go to see them on his dime)
Got luck

[Patrick A]

Pooh105
Go to this link and ask these folks.
http://www.federalsoup.com