Employment Law Questions? Ask an Employment Lawyer.
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this is an unfortunate situation,
if the intent of the statement was to harass you or intimidate you
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,
If this type of action, continues,
you would have a valid discrimination case and can file an EEOC complaint,
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.
regardless of what they claim if the intent was to intimidate you, due to your disability that would be a violation
In terms of an EEOC complaint, one isolated incident would not be enough to claim harassment or a hostile work environment,
Of course they would admit to intent.. How can I prove this
if other incidents happened as well, you have a strong case,
other statements and actions of discrimination would prove intent
Yes I have other incidents
if you have other incidents you should consider filing an EEOC complaint,
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.
I am afraid of losing my job. The HR rep sided with my supervisor despite written emails and other witnesses
if you file an eeoc complaint, the employer would not be able to retaliate against you as that would violate Federal civil rights laws,
But if not founded, they can sue me
How do I ensure that I have all documents needed
you should have any letters you have sent to the HR in the past,
and any witnesses to his actions,
Thank you for your assistance. You were very helpful
good luck, and you should not hesitate to contact the EEOC if this continues,
Good luck, and if you have any further questions please do not hesitate to ask.
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