Starbucks Baristas: The daily grind
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Accomodation Denied? (self.starbucksbaristas)
submitted by golfinglego99
I'm not sure how to word this, everything that has happened was very sudden and strange.
I broke my ankle in Feb and had to take an unpaid LOA through most of this Corona stuff happening, I was out until mid June. I have chronic Asthma that has impacted me my whole life, so my lungs are scarred and they don't work very well, and it puts me at much higher risk for complications from COVID-19.
When I came back to work, I quickly realised that it was going to be very hard to keep up on my hand washing because like almost every store, I'm sure, we were severely understaffed. I asked all my shifts if they could limit my time on window, due to my health concerns. I understood that there probably wasn't a way for them to keep me off for good, but they all said they'd do what they can to help me. Fast forward about a week and my manager pulls me to the back. She sits me down and says "I heard what you asked the shifts, and I just can't let them do that. If we took you off window, that would be showing favouritism, and I'd be treating you differently than our other partners." Uh, yeah, all the other partners don't have chronic asthma, only I do. I chalked it up to corporate bullshit and sucked it up.
Fast forward again to 2 weeks ago. After an incident where she ignored the 72-hr rule regarding partners with fevers, and the barista who raised concern was told to "suck it up or quit", I had a call with my DM. During that call, one of the first things I mentioned was the talk concerning window. The DM said that she was totally in the wrong, and they had made accommodations like that for 3 other baristas in the district. What is the policy regarding accommodations like this? Is there any action I can take against her? Is the ADA involved?
Sorry this is so lengthy, I'm just very confused and I want to make sure she can't keep treating her partners like shit. Any help and advice is very welcome.
I broke my ankle in Feb and had to take an unpaid LOA through most of this Corona stuff happening, I was out until mid June. I have chronic Asthma that has impacted me my whole life, so my lungs are scarred and they don't work very well, and it puts me at much higher risk for complications from COVID-19.
When I came back to work, I quickly realised that it was going to be very hard to keep up on my hand washing because like almost every store, I'm sure, we were severely understaffed. I asked all my shifts if they could limit my time on window, due to my health concerns. I understood that there probably wasn't a way for them to keep me off for good, but they all said they'd do what they can to help me. Fast forward about a week and my manager pulls me to the back. She sits me down and says "I heard what you asked the shifts, and I just can't let them do that. If we took you off window, that would be showing favouritism, and I'd be treating you differently than our other partners." Uh, yeah, all the other partners don't have chronic asthma, only I do. I chalked it up to corporate bullshit and sucked it up.
Fast forward again to 2 weeks ago. After an incident where she ignored the 72-hr rule regarding partners with fevers, and the barista who raised concern was told to "suck it up or quit", I had a call with my DM. During that call, one of the first things I mentioned was the talk concerning window. The DM said that she was totally in the wrong, and they had made accommodations like that for 3 other baristas in the district. What is the policy regarding accommodations like this? Is there any action I can take against her? Is the ADA involved?
Sorry this is so lengthy, I'm just very confused and I want to make sure she can't keep treating her partners like shit. Any help and advice is very welcome.
Grrrista 11 points 2y ago
You should still be on leave from your store. I’m on leave and I have asthma. Talk to corporate. I’m on an unpaid leave but I can collect unemployment insurance.
_Pulltab_ 3 points 2y ago
The ADA says that if you have a disability (which is a very broad definition) but are able to perform the basic functions of your job, the company must enter in to an “interactive conversation” regarding accommodations, if necessary, to perform your job. There are some caveats, but in this case I would say you have a strong case, especially since your DM has already indicated they are accommodating other baristas.
I would do one of two things, call PRC or email your district manager and request, in writing, an accommodation due to your health condition. This will require the company to enter into an interactive discussion with you, there may be paperwork (I used to administer this at another job and we had a form) and then accommodations will be discussed. Keep in mind a company doesn’t have to provide the specific requested accommodation if there are other options available that meet the need and are less of a burden, but again, I don’t think that’s an issue here.
Feel free to DM me if you have questions or want additional info.
Edited: a word
I would do one of two things, call PRC or email your district manager and request, in writing, an accommodation due to your health condition. This will require the company to enter into an interactive discussion with you, there may be paperwork (I used to administer this at another job and we had a form) and then accommodations will be discussed. Keep in mind a company doesn’t have to provide the specific requested accommodation if there are other options available that meet the need and are less of a burden, but again, I don’t think that’s an issue here.
Feel free to DM me if you have questions or want additional info.
Edited: a word
eat-reddit-tv 3 points 2y ago
If I were in your shoes, I’d either:
1) take another leave or quit because covid is dangerous
2) read the labour laws for my state/province because that’s what requires employers to make accommodations
3) I wouldn’t try to take action against my SM, because hopefully the district manager will do that. And I’m not sure if would really accomplish anything.
4) I might switch to a different location because your current SM is not that smart.
5) Further questions can be brought up with the complaints group at headquarters (I can’t remember the name right now). Then you have a better idea of what your SM is doing correctly/incorrectly.
1) take another leave or quit because covid is dangerous
2) read the labour laws for my state/province because that’s what requires employers to make accommodations
3) I wouldn’t try to take action against my SM, because hopefully the district manager will do that. And I’m not sure if would really accomplish anything.
4) I might switch to a different location because your current SM is not that smart.
5) Further questions can be brought up with the complaints group at headquarters (I can’t remember the name right now). Then you have a better idea of what your SM is doing correctly/incorrectly.
Barista-Liv 1 points 2y ago
My fellow partner and a good friend of mine is pregnant, she asked that her time on window be limited since she’s also at higher risk and my store managers totally understood! I’m sorry this is happening to you, I’d recommend calling the partner support center or having another conversation with your DM about your concerns ☹️
randomyucky 1 points 2y ago
I have a lower immune system and my shifts wouldnt put me on window unless i asked. If they tried to I firmly told them no and that was that. Maybe try talking to your dm about going back on leave?
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