IF ONLY you had contacted me earlier.

The frustration of people NOT using the ADA

UPDATE: Someone on my Telegram group asked about filing simultaneous ADA accommodations requests, and a request for religious exemption. YES! YOU CAN DO THIS!

Today, I got another email. This must make 100 or so I’ve received like this since COVID started.

Hello,

My name is John and I was an ******** and **************** for over 17yrs, working at both **** and ***************************.

I was recently granted by the EEOC permission to sue ********** for wrongful termination. ********* just outright denied my Religious Exemption and they gave me no alternative. Get the shot, or get fired. My wife is an ********** at ********* and she, along with THOUSANDS of other workers there all filed Religious Exemptions and were granted them immediately. None of the unions stepped up to help the workers, not one. It was just sheer numbers that made a difference.

I am looking for any legal help possible and was given your info at the last *********** meeting in *******************.

Thank you for any help in the matter. I need to sue these bastards!

John Doe

Obviously, I sanitized this for the sender’s privacy. These emails are SO frustrating. IF they had invoked the ADA before they were fired, that would have shifted the entire dynamic.

Especially frustrating are the words “they gave me no alternative.” There IS an alternative, they just don’t make it available to you. The EEOC guidance on retaliation and related issues says that “issuing a policy or requirement that purports to limit an employee's rights to invoke ADA protections” is interference. MOST companies issued policies that only offered religious or medical exemptions, NEITHER of which are in the ADA. Employees are rightfully scared to buck the system, but someone has to get the word out that these policies are EXACTLY in violation of the ADA, because they are interference, and they employ EVERY prohibited act found in 29 CFR §1630.12(b). (Coercion, intimidation, threat, harassment, and interference.) This is an invocable and worthy ADA claim.

Further, the vaccines are admitted to cause two distinct disabilities.

But changing a religious exemption claim into an ADA claim? Nope. No can do.

I can’t tell you how many people approached me after trying Peggy Hall’s bullshit religious exemption method, wanting me to fix her stuff. Again, No can do.

But if you haven’t been fired, and your company is only offering a medical or religious exemption relating to the Covid #ClotShot … Reach out NOW, and don’t wait until you’ve been fired.

The one case I had where I was able to reverse a situation like this was a client that had invoked the ADA before they demanded a resignation, and they turned in a resignation, and then I came in and saved their job.

Here’s that testimonial:

"I was granted an ADA work from home accommodation from my workplace. As I had a work from home accommodation, I decided to relocate to a warmer climate which would significantly benefit my health due to my disability. When I shared my plan with my employer, I was forced to resign. I submitted my resignation, which was readily accepted. I love my job. I was deeply upset about losing a job that I enjoy, I am good at, and I have significant tenure. I decided to reach out to Jay Shore, an ADA Advocate, to see if he would be able to assist. 

Throughout the following few weeks, Jay crafted detailed and well thought out letters to my employer. He was readily available to discuss and work through on-going changes in my situation. Approximately a month following our initial communication with my employer, I was notified that I would be able to keep my job from my new location. This success is due to all of the hard work and diligence of Jay Shore. 

If you decide to work with Jay, please ensure that you are willing to push past your comfort zone. There were communications that were honest, but I was uncomfortable sending to my employer. I sent them because otherwise, I knew I would lose my job. Fighting to keep your job in these situations is emotionally taxing, but when working with Jay, you have a good chance at success. "  

Name withheld for privacy

Contact me at adarights (at) protonmail (dot) com.

P.D., JAY V SHORE, as Certified ADA Advocate