Am I being discriminated against?

Nurses Disabilities

Published

Maybe I am wrong, and I am just a terrible nurse. I have epilepsy, and the small town (which I'm not from) hospital doesn't seem to understand that. I started working about 10 months ago. About 6 months ago my unit gained a new supervisor. This was right around the same time I was told by multiple doctors that I need to stop working nights as it was making my seizures worse. I told the supervisor this and she said absolutely not. I asked my neurologist for a note and the change had to be made. Ever since that change I have been pulled into her office about every two weeks for something that I have done wrong (very minor things like switching shifts with coworkers, with approval, or calling out - and finding coverage - on a seizure day.)

About a month ago I received my first "write-up," because I didn't go to a mandatory meeting. I explained that I was at home having seizures and it didn't seem to matter. I'm not sure if she doesn't believe me or if she just really doesn't like me. Last week I received a second "write-up" for an error in my documentation. This error was related to a new system put in place a couple of days (DAYS, not weeks or months) before. I had asked my charge nurse and another nurse to review my documentation and they both told me it was fine. Now I am being written up for it.

I have tried applying to area nursing homes without success. Unfortunately there are only 3 institutions (I guess 4 with the school,) in this town and I cannot travel because I cannot drive. This is it for a job for now and I'm afraid that I'm going to lose my nursing license working here. Luckily we will be moving this spring, but until then I am stuck here.

Two "write-ups" in a month, and this supervisor has threatened my job. I do not want to be fired from my first job but it looks like things might be going that way.

I just don't know what to do right now.

Specializes in Nursing Professional Development.

First of all, you need to make sure your "ducks are in a row" as the saying goes. Have you talked with an attorney about what the law actually says about your situation? While employers are required to make certain types of accommodations for people with disabilities, that obligation has its limits. Not everyone's limitations need to be accommodated, and given your short time of employment, they may not have as many obligations to meet your needs as you may think. Do your requests fall under the category of things that are required? I'm not sure they do, but I am no expert. For legal advice on the subject of what is legal descrimination and what is not, you will have to talk with an attorney.

Specializes in Critical Care, ED, Cath lab, CTPAC,Trauma.

As a disabled nurse and seeing this pattern before....they are making book on you. I would consult an attorney and make a call to the EEOC. The EEOC can make an inquiry at no cost to you. Your shift accommodation for seizures is not an undue hardship. We cannot give legal advice as per the TOS but from personal experience this is how hospitals make book on you for "escalating discipline problems" as a reason to terminate you. HR is NOT your freind as they are guiding the manager how to do this process legallyl

Specializes in Case mgmt., rehab, (CRRN), LTC & psych.
As a disabled nurse and seeing this pattern before....they are making book on you.
'Making book' = a.k.a. conjuring up a disciplinary paper trail so, when the time comes, management will have the appropriate documentation and just cause to terminate a worker's employment.
Specializes in Critical Care/Coronary Care Unit,.

I would keep detailed documentation about all of these events. You should also use your chain of command. Speak to the manager, then the director, then HR, etc. Push come to shove, get an attorney. Also make sure you're on your very best behavior at work and as previously said, have all of your ducks in a row. Good luck.

Specializes in LTC, assisted living, med-surg, psych.

Been there, done that, got the unemployment check stubs to prove it.

You have been given some excellent suggestions. Now, you need an escape hatch---a place to go if/when disaster strikes. Keep bugging the other facilities in town; you never know when something will open up. And when you do get another job, you'll want to do whatever you can to avoid becoming symptomatic so that you don't wind up having to disclose your illness.

I learned this the hard way in May when I lost my DNS job due to a psychiatric condition I have that's extremely difficult to hide when I'm sick. Discrimination is alive and well in 21st Century America, and if they can't fire you for having a disability, they can find a gazillion different other ways to get rid of you. I apologize if I'm scaring you, but you must know the reality is that the Americans with Disabilities Act won't protect you in a lot of the situations most people think it will.

Wishing you the best of luck. Keep us posted.

Thank you all for your very helpful suggestions. I do have a detailed journal of each hardship I have had since starting employment (its approximately 20 pages, typed.) I need to learn my rights in this situation which I am working on. Luckily I will not be here much longer, but I would rather quit than be fired. And maybe all I really need to do is tell my supervisor that I plan to leave this spring, I'm just afraid that she might be trying to hurt me. I can understand not wanting someone with uncontrolled seizures (I've been trying to control them for years) working with patients, but at the same time my employer knew about this since my job interview. It's just incredibly frustrating and I don't want future opportunities to disappear from this experience.

Specializes in ICU.

When my seizures were uncontrolled, I quit one job before they fired me because I had a boss who was awful and not understanding at all to what was going on with me. Mine have been under control for 3 years now, knock on wood, and I am doing great. Here is what I found to be helpful in controlling my seizures:

1. Find a good doctor. I go to one of the best in the country right now. It took me almost 10 years to find her, but she finally listened and got me on the right combo of meds.

2. Reduce stress as much as possible. It's very stressful wondering if this will be the day you get fired. But the more stressed out you are, the worse your seizure activity will be.

3. Make sure you are getting plenty of sleep. Lack of sleep is a huge factor in seizures. Make sure you are getting at least 8 a night.

4. Eat properly. Don't skip meals and eat when hungry.

I know a lot of this sounds like common sense but I have practicallly made it through my divorce without a single seizure. I have been seizure free for 3 years now. I make sure I take care of myself first. If you don't take care of yourself, who will? All of this in combination with my meds has helped termendously.

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