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socrateaser, Lawyer
Category: California Employment Law
Satisfied Customers: 39151
Experience:  Retired (mostly)
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have worked for same employer for +13 years...good standing/

Customer Question

have worked for same employer for +13 years...good standing/ no formal am going thru difficult property settlement w/ spouse trying to get unentitled portion of my 401k; paying huge mortgage payments solely on the community property which is upside down by over 30k; additionally i am single parent trying to get kid to college after graduation nxt year w/no other finanicial support from other parent.27 yr career record without fault...union employee and now going thru difficult PTSD/menopause period(ex-Spouse was violent,guns , death threats ,pets being shot ,etc). now due to lack of sleep due to above stressors, co-workers implying i am impaired...what are my rights RE:hostile workplace environment as 3 of them have reported to my supervisor that I seemed out of character lately, and implicated incompetency. my supervisor did discuss this w/myself and assured me he does not agree....but how does one effectively work w/ those employees?
Submitted: 6 years ago.
Category: California Employment Law
Expert:  socrateaser replied 6 years ago.

A "hostile work environment" must be connected to unlawful discrimination based upon race, color, nationality, ancestry, religion, sex, sexual orientation, age or disability. Complaints by other employees about your job performance does not by itself create a hostile work environment, unless you can "connect the dots" to some sort of unlawful discrimination.

That said, if you are diagnosed as depressed, and your physician is willing to certify that your condition is likely to last for the foreseeable future, then you can request "reasonable accommodations" from the employer to help you perform the essential functions of your job, and if there is some reasonable steps that the employer could take that would permit you to perform better, then the employer would have to grant the accommodations, or it would be liable for disability discrimination.

If are considering going this route, then you may want to see a mental health professional (psychiatrist/psychologist) and see if he/she is willing to certify your condition.

Hope this helps.

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