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Discrimination and harassment at work?

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1 Discrimination and harassment at work? on Tue Jun 14, 2011 7:42 pm

House Husband

Arresto Menor

I'd like your advice on what my wife is going through.

She was hired by a BPO and is currently training under probationary status.

One of the prerequisites of her employment, among other things, is a medical exam. However, the company made her sign the employment contract before the medical exam had been administered. She had to sign and accept within the day otherwise the contract offer would be revoked. The medical exam was scheduled a few days later in the week.

Two weeks into her training, her medical exam came back with a possible cause for alarm. They had found a spot in her left lung x-ray. She had to undergo more tests and check ups all paid for by her; yet her contract stated that her HMO card should've have been issued on the date of hire.

The next set of tests showed that she may have tuberculosis on her right lung (note that the initial tests showed the spot on the left lung). She was given medication and told to come back after 2 weeks for another check up.

She communicated this to the company's HR and they advised her to take the two weeks off until it is sure that she is not contagious. After two weeks, she went back to the doctor and received a fit to work certification. She is not contagious, but she still needs to complete the entire 2 months' medication to completely eradicate the illness.

When she came back to work, she had missed most of her training and was sent back for additional training. We thought things would slowly go back to normal. However, although only a handful of people know her medical condition, namely her immediate supervisor, the HR and the company nurses, these people have since changed their treatment toward her.

She is called in to speak with HR and the nurses almost everyday which pulls her out of her training, leaving suspicious questioning looks from her peers. She must take her medication with the nurse as witness. And any little cough or sniffle she has at work is met by mean glances from those who know. (I think she mentioned that the HR covers his mouth when speaking to her).

Recently, HR met with her again to "ask how she's doing". She suspects and asks outright if the company wants her to resign because of her medical condition. The HR evades the question and directs it back at her, "do you want to resign?"

The HR offered for her to take a month long leave of absence (until her prescribed medication ends and she goes for a check up again) without pay. -- isn't that a form of suspension, without cause?

My wife and I feel that her treatment at work is a form of discrimination and maybe even harassment. We believe that the fit to work certification from the company's own health care provider sets the premise that she is well. Hence the premise is that she is just as contagious as any other employee, maybe even less.

But the unfair treatment goes on that my wife has lost morale, confidence and the enthusiasm to go to work. She has stopped going to work since this Monday, with a written to her immediate supervisor asking for a few days off to sort things out.

On the contrary, since everything started, all of the HR's "orders" were verbal (through calls on her mobile). She didn't receive a single memo, email or even SMS regarding the entire thing. We have no written record anywhere of what the HR has asked her to do. Could they charge her with AWOL?

Compensation-wise, she received a full-month's salary even though she took a leave two and a half weeks into the first month. her third salary (1 1/2 months into probation) was withheld. Her HMO card still hasn't been issued so we continue to pay for her medical check ups and requirements. And although she can supposedly reimburse the money she spent on medicine, it might take a few months.

Is what the company doing fair? Being all adults, must she comply to the request to have the nurse witness her taking of medication? can we file for discrimination or harassment?

Forgive me if I rant. I thank you for any advise you can offer.

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