I want to know if I have a case for Discrimination I am disabled vet with a sick wife?

I work for the Federal Government, I am service connected disabled veteran with chronic severe migraines. My wife is completely disabled and on Social security disability. I miss work to take care of her Dr's appointments and sometimes I have to stay home with her. The Agency is aware of this. In July last year we got a new Captain and Warden. I advised the Captain of my situation with my wife and told him if he needed I could supply medical documentation because I do miss some and I wanted to avoid any issues. In Aug 09 I was denied a job as a computer specialist. I best qualified for the position it was a promotion. There were 2 positions being filed and the announcement which stated candidates had to be current agency employees in the local commuting area only within 50 miles. One person was hired from within and the other was hired from another prison in South Carolina. They have used the reason of not in the local commuting area to deny peoples transfers in the past but some how let him come in even though i best qualified and he wasn't eligible. I did not have proof that they had discriminated because of my attendance though I strongly suspected. In October 09 the Captain tried to put me on sick leave abuse. Luckily I had 5 Dr's notes in my bag (the LT's told me not to worry about because I only missed 1 day and they didn't need it until 3 in my bag. About 3 weeks ago a LT did my evaluation he told me considered my sick leave as part of my evaluation. He also stated not all LT's do this but he does. Attendance is not a grade able criteria on our evaluations. I later sent him an email asking if I was the only one he did this to. He admitted in the email he looked at my sick leave as part of my evaluation. I also asked for a transfer to another prison across the street because of my wife. The schedule is a little different and she does better on that schedule. I met with the Associate Warden and Captain on 07/02/10. The AW started the conversation off with your transfer to the ADX that is not going to happen. I asked him why not he said he needed detailed and specific information on why that shift would help my wife and he means specific from A MD. I advised him I had a Dr's letter but it wasn't very specific and asked what he meant by specific (I heard that the AW and Captain recently gave someone a direct order to sign a release of their medical records and if they didn't they would be refusing a direct order.) This was a similar impression I got from the AW that he wanted info he has no business having. They allow people to transfer to the other facilities all the time just because that person wants to. They are allowing one guy at my facility to go because it will work better with his school. I asked for my wife and they denied me. My main question is if I file harassment under an EEOC complaint would I still be eligible because it is on going harassment to request a computer services position or pay or have I lost that because it has been over 300 days. Also do you think I have a case. I have the announcement, the paper that says I best qualified (they only sent me a form showing the local person.) They never mentioned the person outside the local commuting area except in an email telling him congratulations. I also have the email from the Lt stating he looked at my sick leave for my evaluation.

0 answers  |  asked Jul 4, 2010 03:38 AM [EST]  |  applies to Colorado

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