Employment Law Questions? Ask an Employment Lawyer.
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This is a common question,
under the law in order to prove a hostile work environment case,
the employer must have based the hostile work environment on the employees, gender, race, national origin, disability or any other protected civil right,
Only a hostile work environment based upon a civil right is protected,
if the employer is just a rude and unprofessional individual, that by itself does not create a legal hostile workplace,
If the actions were based on the employees gender,
a hostile work environment lawsuit can be made, however the employee would have to show that the reason she was being harassed at work was due to her gender,
She has asked for accommodation to not attend certain meetings (non-essential to her work product) due to a recent diagnosis of Graves disease. She has provided a written note from her doctor, a thyroid professional. Ever since this, she says this has all escalated. She is having a radio-iodine treatment within two months to kill her thyroid. Graves disease is specifically made worse by stress.
She would then have a possible hostile work environment case due to her disability,
under the ADA an employer cannot harass or intimidate any employee with a disability,
She can file an EEOC complaint if the hostile work environment continues,
To file a claim with the EEOC, contact your closest local EEOC office. More information about filing a claim with the EEOC can be found at http://www.eeoc.gov/facts/howtofil.html.
She may have a valid ADA discrimination complaint if she was denied the accommodation for her disability as well,
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