Tuesday, January 24, 2023

"the truth is that you're being regarded as having a disability, which is, in other words, a contagious disease, and that's being done without a diagnosis. And so you have a legal remedy if you frame it as an ADA violation and the EEOC can protect you."

This is an employment solutions video.


Her site is called The Zunga.  Nothing is free, nor is it cheap. The fees include an initial intake of $597, and $229/month thereafter until your issue is resolved. 

This might interest you: 

Topic: Zoom meeting every 2nd Tuesday of the month
Time: 1:00 PM Eastern Time (US and Canada)
Meeting ID: 836 1264 7398
Passcode: 122063

Stage I Process, getting your situation documented, and your statements of facts organized. 

And the reason we're talking about ADA all the time is that this is the best way, I've found, that we've found a frame that your employer or your retailer, whatever, we're focused on employer right now.  How the heck do you tell your employer that you're not going to submit to these medical interventions.  And the truth is that you're being regarded as having a disability, which is, in other words, a contagious disease, and that's being done without a diagnosis.  And so you have a legal remedy if you frame it as an ADA violation and the EEOC can protect you.  So we're going to explain the process by which we do that, how we set the record up.  

Document the complaint with Human Resources to make the matter confidential.  What we're doing is turning all of these communications and emails with your bosses about these mitigation measures--the mask-wearing, the vaccinations, and the records and singing up for surveillance and all this.  We're turning that into an on-the-job harassment, confidential complaint.  So that means in the future when we document this, which only takes a half hour, once you get the documents set up.  Any other communications that you receive are directed back to HR, and you don't have to argue with your boss and his boss, and all that.  You regard it as . . . look, guys, I've already resolved this with HR.  I'm not submitting all this, and you're not going to take my temperature.  You're opening yourself up to trouble.  

It's a judo move.  Right now, they're going to use a framework where they use HR to fire you.  What we're saying is that we're going to use HR to document the discrimination, the harassment, the coercion, the retaliation, you actually have a conversation with them, you get it all on file, you get it written down, and you use them.  Any time you get harassed or they ask you something that you don't want to comply with, you tell them to talk to HR.  And you're using HR as your shield, and it has to be confidential because it's the law.  Anything that they do outside of that, you continue to document, and that just makes your case stronger.  

And we bring in EEOC right away.  We open a file right away, even if you're applying for the job.  

It's all like reverse engineering for the strongest position in court.  Because for jurisdiction reasons, you have to have filed with EEOC before you can be heard in court.  

5:20. For jurisdiction reasons, you have to have filed an EEOC complaint before you are heard in court.  What happens when you file an EEOC, a Charge of Discrimination it's called, the EEOC, the EEOC will contact the employer, so it's another level of the employer going "Whoa.  They're really serious and they've got a really good case."  And they should be getting information back from their legal team saying, "We've got a problem here" because it's a discrimination complaint.  It's not about I have medical reasons.  It's not about because I have religious relief.  Not to say that those aren't very valid reasons at all, but the strong cause of standing that you could have would be through ADA.  So that's where we reverse engineer the complaint.  

6:06.  What we're really trying to do is end the thing quickly.  If we frame it correctly, which I believe we are, the other side can look at what we're doing conclude that "if thus were to go to court, it would never survive a Motion to Dismiss.  That would mean that it would become a matter of public record that they're discrimination against employees and applicants for employment. Because we would survive their motion to dismiss.  We would get it in the court.  They would not prevail on this. We would win.  That's why we're framing it this way because thet would see from the beginning. So they're not going to let it go there.  We're going to win with the EEOC, now that's not always going to be the case.  At least at first.  Once we do a few of these, it's going to work that way.  We can even come in there as your advocate.  We can speak on your behalf with you on the call.  With your employer or with HR.  Articulate the issue.  Not that it's necessary.  You guys can do this yourself but this is one of the services that we do provide. 

7:12. I would definitely want to use that if I were in this position.

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