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wallstreetfighter
wallstreetfighter, Employment Lawyer
Category: Employment Law
Satisfied Customers: 17080
Experience:  14 years exp, General counsel for National Corp. firms, Hostos College instructor, Represented employees in discrimination lawsuits
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Can a supervisor ask "Are you hearing aid on?" in an intimidating manner publicl

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Can a supervisor ask "Are you hearing aid on?" in an intimidating manner publicly during a staff meeting?

wallstreetfighter :

Hello I am a licensed attorney here to help you with your question, please review my response and do not hesitate to ask for clarification

wallstreetfighter :

this is an unfortunate situation,

wallstreetfighter :

if the intent of the statement was to harass you or intimidate you

wallstreetfighter :

due to your disability, you can make a formal complaint that you were being harassed due to your disability, and that a hostile work environment was created,

wallstreetfighter :

If this type of action, continues,

wallstreetfighter :

you would have a valid discrimination case and can file an EEOC complaint,

Customer:

I have done so, the HR rep informed my supervisor that he has not violated any codes of conduct or ADA laws. I felt this HR rep was leading my supervisor in his answers to my claims.

wallstreetfighter :

regardless of what they claim if the intent was to intimidate you, due to your disability that would be a violation

wallstreetfighter :

In terms of an EEOC complaint, one isolated incident would not be enough to claim harassment or a hostile work environment,

Customer:

Of course they would admit to intent.. How can I prove this

wallstreetfighter :

if other incidents happened as well, you have a strong case,

wallstreetfighter :

other statements and actions of discrimination would prove intent

Customer:

Yes I have other incidents

wallstreetfighter :

if you have other incidents you should consider filing an EEOC complaint,

wallstreetfighter :

To file a claim with the EEOC, contact your local EEOC office below. More information about filing a claim with the EEOC can be found at http://www.eeoc.gov/facts/howtofil.html.








EEOC – Philadelphia District Office
801 Market Street
Suite 1300
Philadephia, PA 19107
Phone:(NNN) NNN-NNNN
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EEOC – Pittsburgh Area Office
1001 Liberty Avenue
Suite 300
Pittsburgh, PANNN-NN-NNNN
Phone:(NNN) NNN-NNNN
TTY:(NNN) NNN-NNNN/td>
Customer:

I am afraid of losing my job. The HR rep sided with my supervisor despite written emails and other witnesses

wallstreetfighter :

if you file an eeoc complaint, the employer would not be able to retaliate against you as that would violate Federal civil rights laws,

Customer:

But if not founded, they can sue me

Customer:

How do I ensure that I have all documents needed

wallstreetfighter :

you should have any letters you have sent to the HR in the past,

wallstreetfighter :

and any witnesses to his actions,

Customer:

Thank you for your assistance. You were very helpful

wallstreetfighter :

good luck, and you should not hesitate to contact the EEOC if this continues,

wallstreetfighter :

Good luck, and if you have any further questions please do not hesitate to ask.

wallstreetfighter :

If satisfied please provide us with positive feedback so we can receive credit.

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