Employment Law Questions? Ask an Employment Lawyer.
Unlawful discrimination is typically based on age over 40, race, gender, etc.However, an employer can't typically require an employee to work around harmful vapors without providing the necessary protective equipment.Doing so can constitute a violation of OSHA.Violations of OSHA may be reported to OSHA and the agency may take aggressive actions to enforce safety requirements.An employee may file a lawsuit against a supervisor for defamation when the supervisor makes false statements about an employee to a third party and when damages result.If the supervisor makes the statement in the course of employment, the company may be liable as well (such as with job references).
That really depends on the details of the circumstances. In the US, in reality, anyone can sue anyone else for anything at any time. Can you win? That's a different issue. Unfortunately, it's one that only your personal attorney can analyze.That said, I can tell you that you definitely should have your attorney evaluate the OSHA issue and the defamation issue. He may find that an OSHA complaint or a defamation suit is appropriate.
He will also evaluate whether or not it might appear, based on all of the circumstances, unlawful discrimination based on age over 40, gender, race, disability, etc, might be taking place.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).