so.
they fired me at the Library. because i was shelving books and my back started hurting and i was shelving books on the bottom shelves and i used a chair to do it. they went ballistic. and insisted that i resign.
"to preserve my health."
fucking dream killers.
this is the letter i'm sending. fuckers. this is America, you goddamned Nazis. game peeps game, yo.
Mr. J** A********
Branch Manager
Los Angeles Public Library
Playa Vista, CA
Re: Maulana Polk’s recent resignation
Mr. Atkinson,
I am writing this memorandum to offer you a different perspective of the situation regarding my resignation as Messenger Clerk. I would like to remind you that the application process for this position was time consuming and arduous in its complexity. During my interview with you, the Young Adult Librarian and the Head Librarian of the Venice branch, my replies to your queries were answered with absolute veracity. It seems a gross injustice to have you imply that I misled you about the state of my health and my ability to perform the duties as described to me with regard to this position.
I fulfilled every regulation required by the City to successfully begin my employment under your supervision. I completed all forms necessary, and was examined by a City physician, who officially corroborated my belief that I am fully capable of carrying out all tasks asked of me in relation to this position. I believe that I enthusiastically participated in the training process, and received no negative feedback with regard to my performance. I was unaware of the policy regarding shelving books, and once advised of my infraction, I immediately altered my behavior to comply. It was not my intention to violate any law or directive by blocking the aisle with the book truck and library chair. I was advised, however, that it is against policy to leave unattended any object obstructing the aisles. It should be noted that I was called away by my current trainer, the Children’s Librarian, Field, and given no opportunity to move the items.
I feel that requesting my resignation because of this incident violates State and Federal Labor Laws regarding disability. At the time, I did not think it unreasonable for me to utilize a chair to assist me with returning books to the lower shelves. To support my argument, I refer you to Title I of the Americans with Disabilities Act of 1990:
“A qualified employee or applicant with a disability is an individual who, with or without reasonable accommodation, can perform the essential functions of the job in question. Reasonable accommodation may include, but is not limited to:
• Making existing facilities used by employees readily accessible to and usable by persons with disabilities.
• Job restructuring, modifying work schedules, reassignment to a vacant position;
• Acquiring or modifying equipment or devices, adjusting or modifying examinations, training materials, or policies, and providing qualified readers or interpreters.
An employer is required to make a reasonable accommodation to the known disability of a qualified applicant or employee if it would not impose an "undue hardship" on the operation of the employer's business. Undue hardship is defined as an action requiring significant difficulty or expense when considered in light of factors such as an employer's size, financial resources, and the nature and structure of its operation.”
Further, I would like to add that allowing clerks and Librarians to be seated while shelving books in the Children’s Room, but not anywhere else in the library seems contradictory. The shelves in the Children’s Room are of the same height of the shelves to which I was returning books.
You also voiced your concern as to why I did not reveal my back injury during our initial interview. I remind you that the required physical aspects of this position were defined to me in detail, and I confidently assured you I would have no problem in meeting those requirements. I did not feel that my back injury was a relevant issue. To support my rationale, I refer you again to Title I of the Americans with Disabilities Act of 1990:
“Medical Examinations and Inquiries
Employers may not ask job applicants about the existence, nature, or severity of a disability. Applicants may be asked about their ability to perform specific job functions. A job offer may be conditioned on the results of a medical examination, but only if the examination is required for all entering employees in similar jobs. Medical examinations of employees must be job related and consistent with the employer's business needs.”
During my physical I freely admitted to having suffered from a previous injury. The physician who examined me was very thorough, and I passed all tests with no problem. Currently, I am under a General Practitioner’s care, and I would have been happy to have her prepare a note which confirms my physical fitness to complete any duties set before me.
To ensure the protection of my rights, I am informing the US Equal Opportunity Commission of this incident. I am also forwarding a copy of this letter to Fontayne Holmes, City Librarian, and to Kimberly Aviles, Senior Clerk Typist of the City Human Resource Department. I would like my record to reflect that I feel as if I resigned under duress. Should I decide to apply for employment with the City in the future, as you kindly suggested, I would not want this unfortunate misunderstanding to negatively affect my chances of success.
I would like to request a written statement acknowledging the amendment to my file. I would also like a copy of my signed resignation form, as I was not provided one at the time of my dismissal.
I truly regret being denied gainful employment due to a condition that in no way hindered my ability to perform all responsibilities assigned to me. It has long been a dream of mine to work in a Library. Joe, your branch is lovely, lively and full of color and good humor. Although our professional relationship was brief, I attribute the efficiency of your staff to your outstanding skills in leadership. I would love to have had the continued opportunity to work with you and learn all that I could.
I urge you to take this letter under consideration should a matter such as this ever arise in the future with another employee. Playa Vista is already plagued with much political upheaval. I would not like to see a law suit filed for discrimination because of hasty decisions based on assumption.
Thank you for your time.
Sincerely,
Maulana Polk
cc: Kimberly Aviles, Senior Clerk Typist, Los Angeles Human Resource Department
Fontayne Holmes, Los Angeles City Librarian