ADA attorney

chim

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L4240HSTC with FEL, Ford 1210
Jan 19, 2013
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It doesn't look like BigG is even ASKING for any accommodations. It's more like he doesn't want discriminated against because of a disability.
 
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bmblank

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2020 L3901HST, LA525 Loader, 66" Q/A Bucket, PFL2042 Forks, Meteor SB68PT Blower
Mar 4, 2015
517
175
43
Cadillac, MI
Just out of curiosity, in situations where the trucker does not have a disability, who's responsible for tying the load down to the trailer? From what I've seen, and it would make sense to me, that the trucker is responsible for the tie down, as there is liability that the company may not want to take on.

Now, the reason they gave, as you say, is a bunch of bullshit. If they're worried about the load falling on you, then they could, oh, I don't know, tell you to stay out of the way while they load it.

It's cool that you're able to keep working and it's cool that companies will work with you. Just playing devil's advocate a little bit and trying to get more of an understanding.
 

MarkGTH

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Kubota L3940
Mar 1, 2021
4
8
3
Oklahoma
It is a shame that this happened to you! Your job is to deliver the goods from point A to point B. You obviously are capable of doing that and have proven yourself many times over. I applaud you for continuing to work when most people with you limitation would use it as an excuse to not work! I have never met you in person, but consider yourself as having a new friend today...Me

There are many attorneys that specialize in just your situation and most will do the work pro-bona. The best of luck to you on securing your next load and safe travels!
 
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BigG

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l2501, FEL, BB, Rotary cutter, rake,spreader, roller, etc. New Holland TL80 A
Sep 14, 2018
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West Central,FL
Just out of curiosity, in situations where the trucker does not have a disability, who's responsible for tying the load down to the trailer? From what I've seen, and it would make sense to me, that the trucker is responsible for the tie down, as there is liability that the company may not want to take on.

Now, the reason they gave, as you say, is a bunch of bullshit. If they're worried about the load falling on you, then they could, oh, I don't know, tell you to stay out of the way while they load it.

It's cool that you're able to keep working and it's cool that companies will work with you. Just playing devil's advocate a little bit and trying to get more of an understanding.
The driver normally secures the load and he is responsible for the load staying on the trailer. Most flatbed loads are loaded by a crane or forklift. The driver stays clear of the loading process in theory but often he will help align the placement of the load. This load was to be loaded down the center of the trailer with no one needed to align the load. It would have been secured with 4 straps thrown across the load from side to side. There were no accommodations needed. The ground was firm and level. I was rolling across the yard when they kicked me out.


Some loads are "drop and hook" in other words they are preloaded and secured by someone else. However the driver must check the securement because he is responsible.
 
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xrocketengineer

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Nov 14, 2020
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Merritt Island, Florida
This is unrelated but it is interesting, at least to me.
When we have a hurricane or a surprise thunder storm, there is a lot of cleanup of branches and even trees afterwards. One of the nearby neighbors always shows up with his tractor offering to help with the cleanup for free. For hurricane Irma in 2017, we evacuated to Orlando and came back two days later. When I approached my driveway, the over 90 year old neighbor on crutches with his tractor was on his last trip removing debris from the driveway and putting it by the curb. My next door neighbor did all the chainsaw cutting and the old man did all the heavy lifting and he had filled with debris the entire front of my property for the county to pick up! I was so thankful, it would had taken me days to clear the driveway just to be able to get to the house.
He is disabled but he is our neighborhood hero! He is also the reason I got the tractor. Here he is:

 
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GreensvilleJay

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BX23-S
Apr 2, 2019
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Greensville,Ontario,Canada
I worked at STELCO( was bigget steel producer in Canada...) ,one hot Sunday morning got called in to fix the computer running the spectrometer( analyzes types of steel)... anyway, get there and guard wasn't going to let me in as I'd pulled up in my shiny CJ-5 JEEP, with top and windshield down. Why ? I asked? Safety , a 10 ton hot ingot could fall on you.... OK, I said... just HOW can a vinyl top SAVE ME ??
THEN his lightbuld came on.....
Couple weeks later, nuther call, I came in on motorcycle, same guard....he just waved me in !
 

Ikc1990

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Kubota m9000,b2710, both with loaders spear, buckets, forks, mic 3 point hitch
Dec 2, 2020
285
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43
Vermont
I realize some people are saying that some business are not having to comply. I would disagree. But for the reason here is not an ada compliance this is a discrimination against someone whom is a hard working American that not only has a right but whom has a disability and whom lives with it every day, but pushes through things that other humans take for granted every single day. I hope that you get whom you need to talk to and that they think before they do that ever again. I applaud you for your hard work and efforts. And think that is no where near ok. And I am not saying that others were wrong on laws and how the law is but it is not ok for the laws to have those b.s. loop holes.
 

Steppenwolfe

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Kubota L3301, MX5100, RTV 1140, ZD331, KX-71, MX5400
Dec 22, 2020
152
88
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Blue Ridge Mountains
I realize some people are saying that some business are not having to comply. I would disagree. But for the reason here is not an ada compliance this is a discrimination against someone whom is a hard working American that not only has a right but whom has a disability and whom lives with it every day, but pushes through things that other humans take for granted every single day. I hope that you get whom you need to talk to and that they think before they do that ever again. I applaud you for your hard work and efforts. And think that is no where near ok. And I am not saying that others were wrong on laws and how the law is but it is not ok for the laws to have those b.s. loop holes.
ADA laws and reg's do not apply to Federal, State, or Local government buildings... But, they are responsible for enforcement of those same laws and reg's... Figure that one out...
 

Old_Paint

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AL
Unfortunately, if this occurred in Alabama, Alabama is not a Right to Work state, meaning the guidelines for ADA are a lot less strict, and employers can send employees home without pay after they meet the FMLA requirements. Going through that very thing my self right now. Had to go on Long Term Disability and file for Social Security Disability Benefits to keep the LTD bennies from the company, which get reduced by whatever payment SSDI pays. If SSDI pays more than the Company does, I get diddly from the Company, and they seem to think they have some claim to the excess. They'll have to pry it out of my dead fingers.

Good luck with it all the same. Hope you get some satisfaction.
 

Daren Todd

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May 18, 2014
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Unfortunately, if this occurred in Alabama, Alabama is not a Right to Work state, meaning the guidelines for ADA are a lot less strict, and employers can send employees home without pay after they meet the FMLA requirements. Going through that very thing my self right now. Had to go on Long Term Disability and file for Social Security Disability Benefits to keep the LTD bennies from the company, which get reduced by whatever payment SSDI pays. If SSDI pays more than the Company does, I get diddly from the Company, and they seem to think they have some claim to the excess. They'll have to pry it out of my dead fingers.

Good luck with it all the same. Hope you get some satisfaction.
I pay extra for my long term and short term disability insurance. Although I would lose it if I did any kind of work while collecting.
 

BigG

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l2501, FEL, BB, Rotary cutter, rake,spreader, roller, etc. New Holland TL80 A
Sep 14, 2018
1,912
720
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West Central,FL
Here is the result of the compliant.


No code has to be inserted here.
Tue, Jul 13, 2021 12:51 pm
(civilrightsreply@mail.civilrights.usdoj.gov)To:you Details

Dear George ,

You contacted the Department of Justice on February 28, 2021. After careful review of what you submitted, we have decided not to take any further action on your complaint.

What we did:

Team members from the Civil Rights Division reviewed the information you submitted. Based on our review, we have decided not to take any further action on your complaint. We receive several thousand reports of civil rights violations each year. We unfortunately do not have the resources to take direct action for every report.

Your report number was 56962-KSV.

What you can do:

We are not determining that your report lacks merit. Your issue may still be actionable by others - your state bar association or local legal aid office may be able to help.

To find a local office:

American Bar Association
www.findlegalhelp.org
(800) 285-2221

Legal Service Corporation (or Legal Aid Offices)
www.lsc.gov/find-legal-aid
(202) 295-1500

How you have helped:

While we don’t have the capacity to take on each individual report, your report can help us find issues affecting multiple people or communities. It also helps us understand emerging trends and topics.

Thank you for taking the time to contact the Department of Justice about your concerns. We regret we are not able to provide more help on this matter.

Sincerely,

U.S. Department of Justice
Civil Rights Division
 

jimh406

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Jan 29, 2021
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That’s a shame. It seems you might have had better luck had you been a criminal. They seem to have lots of support in politics right now.

It seems nonsensical that they refer you to lawyers, but have already decided it is “without” merit. WTF.
 

lugbolt

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ZG127S-54
Oct 15, 2015
4,112
1,134
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and now you know one of many reasons why I don't trust the government.

Even IF they were to take the case, it would take YEARS (or decades) for them to get anything accomplished.

And with that, and doing my best to keep from getting too poliitcal, there are groups that want to be able to take care of this kind of thing, which leads to bigger government which leads to higher taxes which leads to less income for working class americans which leads to downturn in the economy. But apparently based on what "our leaders" say, trickle down is impossible.

Anyway, keep on keeping on. You have a good battle to fight, and you've lost the one with the fed, now take it to the state. If no good there take it to the local. If not good there, and I hate to say this, get the media involved. Stuff starts happening when the media gets into it. They are more powerful than the government sometimes.
 
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Poohbear

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L3301 HST, LA525, LP shredder, BB1566 box blade, QH10, Worksaver pallet fork
Jul 6, 2018
395
89
28
Gilmer,Tx,United States
If the OP had not been asked to clear the area and then something went terribly wrong and he was injured by the loading company then he would be screaming they didn't protect him.
I had a customer that got his neck broken while watching a rigger loosen some boomers. He shouldn't have been near there
This is makeing a mountain out of a mole hill. OP has lots of work at other places per him so his livelihood is not in jeopardy
 

Ikc1990

Active member

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Kubota m9000,b2710, both with loaders spear, buckets, forks, mic 3 point hitch
Dec 2, 2020
285
129
43
Vermont
That's b.s. a criminal can rob rape kill aand the government will give them a appointed attorney but they cant help an honest hard working citizen with a disability. Probly opening up to get banded from ott but they can give millions of dollars to all sorts of foreign country's. No offence to foreign country's but why do we owe it to give millions to other country's that arnt in great shape when we can't take care of our own.
 
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armylifer

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Mar 26, 2013
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Thurston County, WA
Here is the result of the compliant.


No code has to be inserted here.
Tue, Jul 13, 2021 12:51 pm
(civilrightsreply@mail.civilrights.usdoj.gov)To:you Details

Dear George ,

You contacted the Department of Justice on February 28, 2021. After careful review of what you submitted, we have decided not to take any further action on your complaint.

What we did:

Team members from the Civil Rights Division reviewed the information you submitted. Based on our review, we have decided not to take any further action on your complaint. We receive several thousand reports of civil rights violations each year. We unfortunately do not have the resources to take direct action for every report.

Your report number was 56962-KSV.

What you can do:

We are not determining that your report lacks merit. Your issue may still be actionable by others - your state bar association or local legal aid office may be able to help.

To find a local office:

American Bar Association
www.findlegalhelp.org
(800) 285-2221

Legal Service Corporation (or Legal Aid Offices)
www.lsc.gov/find-legal-aid
(202) 295-1500

How you have helped:

While we don’t have the capacity to take on each individual report, your report can help us find issues affecting multiple people or communities. It also helps us understand emerging trends and topics.

Thank you for taking the time to contact the Department of Justice about your concerns. We regret we are not able to provide more help on this matter.

Sincerely,

U.S. Department of Justice
Civil Rights Division
I am trying to find your case number and it is not coming up. The case number seems to be non-existent. Please post the full and complete case number so we can look at it. At lease post the link to the case that was sent to you.
 
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aaluck

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L4400HST, Bush Hog 276, RDTH60, Speeco PHD, etc
Oct 9, 2019
765
559
93
Snowdoun, AL
Here is the result of the compliant.
This is a typical reply, has nothing to do with your claim having merit or not. They issue a 'right to sue' letter to everyone.
 
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aaluck

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L4400HST, Bush Hog 276, RDTH60, Speeco PHD, etc
Oct 9, 2019
765
559
93
Snowdoun, AL
hat's b.s. a criminal can rob rape kill aand the government will give them a appointed attorney but they cant help an honest hard working citizen with a disability.
There is no constitutional right to a civil attorney.

Everyone needs to relax. That letter is their standard letter. In fact, we get them daily on EVERY EEOC complaint we file. Including the cases we end up making a LOT of money on.
 
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aaluck

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L4400HST, Bush Hog 276, RDTH60, Speeco PHD, etc
Oct 9, 2019
765
559
93
Snowdoun, AL
This is makeing a mountain out of a mole hill.
Being discriminated against is never a mole hill and is protected by the EEOC. How about if they turned him away because he was white/black, male/female, jewish/catholic, old/young...would you also be fine with that because 'he has plenty of work'. Whether he has no work or plenty of work is irrelevant. Can he do the job and did they prevent him from doing it based on a protected reason.

Your attitude is the problem/mindset we have in this country and why folks openly steal, loot and riot. After all, no one is hurting these stores, they 'have plenty of other merchandise' or insurance if they get burned to the ground... Right?
 
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torch

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B7100HSD, B2789, B2550, B4672, RC54-71B, 48" cultivator, homemade FEL and Cab
Jun 10, 2016
2,307
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Muskoka, Ont.
You can ask for help from someone outside the company you work for or from people who know the law and can help you.
Did anyone else notice that this is his second post and the second time that this person has dragged up an old thread with next-to-useless advice?
 
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