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Patrick, Esq.
Patrick, Esq., Lawyer
Category: Employment Law
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Experience:  Significant experience in all areas of employment law.
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Recently at my work a coworker called a meeting on a day I

Customer Question

Recently at my work a coworker called a meeting on a day I was off. Just prior to this meeting she provided a handout for Borderline Personality Disorder and stated that she believed I had this. At the meeting she provided an agenda specifically made to discuss me and give examples. She did this in front of my coworkers and supervisor.
I am obviously angry. Do I have legal recourse?
Submitted: 5 months ago.
Category: Employment Law
Expert:  Patrick, Esq. replied 5 months ago.
Hello and thank you for entrusting me to assist you. My name is ***** ***** I will do everything I can to answer your question. If the employee was stating that you were diagnosed with this condition and that was false, it might give rise to a defamation claim (though you'd still have to establish damages and then sue the employee personally). However, stating a "belief" is not a statement of fact and as such not actionable on a defamation theory. The only other legal theory for a claim that comes to mind is disability harassment. Disability harassment is illegal even if the employee does not have the disability so long as they are "perceived" as actually having it. Disability harassment can be actionable under civil rights laws, and employers once informed of such harassment have a legal obligation to stop it from continuing. So, your best recourse here may be to report the matter to your employer and suggest that it constitutes illegal harassment based on the perception of a mental health disorder, thus making it harassment which your employer has a legal obligation to address. If you don't want to characterize it as illegal disability harassment, you could also simply bring it to the attention of your employer highlighting how inappropriate this was. Your employer might be motivated to take action against this employee even if they aren't legally required to do so because their actions were so clearly out of line. I hope that you find this information helpful. Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.If you do not require any further assistance, please be so kind as to provide a positive rating of my service so that I may receive credit for assisting you. Very best wishes moving forward.* Disclaimer *Just Answer is a venue for informational and educational purposes only. No attorney-client relationship is formed by these communications.

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