Employment Law Questions? Ask an Employment Lawyer.
Thank you for using JustAnswer. I am researching your issue and will respond shortly.
I'm sorry to hear about your situation. While I completely agree that this sounds "hostile", the term "hostile work environment" is a legal term of art, and applies only in a situation where there's sexual or racial harassment going on, so even though your supervisors actions are "hostile" they would not actually constitute a "hostile work environment" as defined by the law, even though it would qualify as hostile under the ordinary dictionary definition.
Rather, with your bad fall, I would suggest asking for "reasonable accommodations" under the Americans with Disabilities Act (ADA).
You can mention to HR that you believe that you're being targeted because of ongoing issues related to your TBI, and that you feel that this is a violation of the ADA.
This should make HR sit up and take notice, as "reasonable accommodation" and ADA are things that a well trained HR department should know a lot about.
Unless you can show that you're being discriminated against based upon your race, age, religion, gender, or age, other laws would not apply, although the ADA could apply in a disability situation where they're not making any accommodations for your situation.
If you don't have any satisfaction with HR (after requesting reasonable accommodations), and especially if they take further action against you, I would suggest filing a complaint with the EEOC, as that would give you better protection against "retaliation" and could give you something more to base a complaint on.
Again, a well trained HR department will tread lightly in such a situation, and should inform your supervisors to do the same.
Would A TBI fall under as a disability?
Not the fall itself, but anything that results from that if it could be defined as a disability.
The Americans with Disabilities Act ( ADA) has a three-part definition of disability. Under ADA, an individual with a disability is a person who: (1) has a physical or mental impairment that substantially limits one or more major life activities; OR (2) has a record of such an impairment; OR (3) is regarded as having such an impairment.
But again, you're looking for change in behavior, rather than actually going to court and winning the case, and HR is going to try to do what it can to prevent a complaint being filed in the first place (assuming that it's a good HR department).
Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, XXXXX XXXXX luck to you!
Did you have any other questions before you rate this answer?
If it would happen to go to court if things don't change does a TBI and everything what has happen help at all
Ultimately at that point it would depend largely on whether or not the TBI and resulting issues could be classified as a disability, and whether or not they reasonably accommodated it or discriminated against you based upon it.
It would be relevant, certainly.
But whether or not you could win your case would depend largely on your actual medical issues. And that's why you would want to try to avoid going to court (and having that uncertainty) in the first place.
Yes but in the ADA isn't there a clause what it says supposedly they Are thought have a disability but don't
Yes. If they discriminate against you based upon a "supposed" disability, that's also actionable. Same thing if you file a complaint, and they retaliate against you filing the complaint, even if your disability was found to be not covered under the ADA.
Thank you I have no more questions.
If there's nothing else, please rate this answer. Please note that I don't get any credit for the time (>30 minutes) and effort that I spent on this answer unless and until you rate it a 3, 4, 5 (good or better) AND press the "submit" button, if applicable. If you feel that I have gone above and beyond in this answer (my average answer is about 10 minutes) bonuses are greatly appreciated. Thank you, XXXXX XXXXX luck to you!
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).