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wallstreetfighter
wallstreetfighter, Employment Lawyer
Category: Employment Law
Satisfied Customers: 17248
Experience:  14 years exp, General counsel for National Corp. firms, Hostos College instructor, Represented employees in discrimination lawsuits
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Is there any possibility of legal redress against a non-profit

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Is there any possibility of legal redress against a non-profit in Houston, TX, when a work place is hostile? What is needed to prove hostility? This is not sexual harassment

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 a common question,

wallstreetfighter :

under the law in order to prove a hostile work environment case,

wallstreetfighter :

the employer must have based the hostile work environment on the employees, gender, race, national origin, disability or any other protected civil right,

wallstreetfighter :

Only a hostile work environment based upon a civil right is protected,

wallstreetfighter :

if the employer is just a rude and unprofessional individual, that by itself does not create a legal hostile workplace,

wallstreetfighter :

If the actions were based on the employees gender,

wallstreetfighter :

a hostile work environment lawsuit can be made, however the employee would have to show that the reason she was being harassed at work was due to her gender,

Customer:

She has asked for accommodation to not attend certain meetings (non-essential to her work product) due to a recent diagnosis of Graves disease. She has provided a written note from her doctor, a thyroid professional. Ever since this, she says this has all escalated. She is having a radio-iodine treatment within two months to kill her thyroid. Graves disease is specifically made worse by stress.

wallstreetfighter :

She would then have a possible hostile work environment case due to her disability,

wallstreetfighter :

under the ADA an employer cannot harass or intimidate any employee with a disability,

wallstreetfighter :

She can file an EEOC complaint if the hostile work environment continues,

wallstreetfighter :

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








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wallstreetfighter :

She may have a valid ADA discrimination complaint if she was denied the accommodation for her disability as well,

wallstreetfighter and other Employment Law Specialists are ready to help you