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Patrick, Esq.
Patrick, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 12479
Experience:  Significant experience in all areas of employment law.
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I was talking to my boss and I told her I experience

Customer Question

JA: Hi. What is your issue regarding?
Customer: I was talking to my boss and I told her I experience hypertension a form of ADHD
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: The next say she said she googled it and found that it is a mental disorder and asked me to talk to HR - I have not done that
JA: Is the employment agreement "at will," union, full time or part time?
Customer: at will
JA: Anything else you want the lawyer to know before I connect you?
Customer: I am in recruiting and I was told not to look at gay candidates for a certain search...a candidate had listed that they were with a LGBT affiliation and she the hiring manager said no...she needed a candidate that embodied a guys culture
Submitted: 9 months ago.
Category: Employment Law
Customer: replied 9 months ago.
New York
Expert:  Patrick, Esq. replied 9 months ago.

Good evening and welcome. I think I am having trouble understanding what your question is about. You mention that you told your employer about ADHD, but then you also mention something about being instructed not to hire someone is gay. Are these things related? What is your specific legal question for me here?

Customer: replied 9 months ago.
lets talk about the ADHD thing first it's two different questions
Expert:  Patrick, Esq. replied 9 months ago.

Okay, sure. What is your question regarding the ADHD?

Customer: replied 9 months ago.
just wondering if she's allowed to be googling it and then telling me i need to talk to the HR manager about it.
Customer: replied 9 months ago.
can i get fired or asked to take a lower level job because of something like this?
Expert:  Patrick, Esq. replied 9 months ago.

Your employer cannot discriminate against you because you have a disability, but there is nothing improper about either looking up information about the disability you have or asking you to talk to HR.

Customer: replied 9 months ago.
good to know
Expert:  Patrick, Esq. replied 9 months ago.

How can I assist you with regard to the other matter? Are you asking whether this is illegal?

Customer: replied 9 months ago.
what would HR do ? that's where i am having trouble ..and she had asked if we could tell someone else on the team and I said no..that's ok right?
Expert:  Patrick, Esq. replied 9 months ago.

Employers are supposed to only share medical information if reasonably necessary. HR likely will want to know whether there is anything they can do to accommodate your disability and understand more about what your limitations are. Typically these things are handled through HR so there is nothing unusual about what you describe.

Customer: replied 9 months ago.
I know the other matter is not legal..I told HR and they spoke to the hiring manager..but she didn't get fired and she did complete a round of interviews -and hired a married man.
Customer: replied 9 months ago.
i still question hiring practices for this particular team as they have no gay account team member and it's for a men's grooming product
Expert:  Patrick, Esq. replied 9 months ago.

Yes, that is definitely illegal. However, it would be the employee who was denied employment who would have a claim. There would not typically be any legal action that you could take directly on your own, aside from anonymously reporting this matter to the EEOC.

Customer: replied 9 months ago.
Expert:  Patrick, Esq. replied 9 months ago.

Please let me know if there is anything more I Can do to clarify things for you. If I have answered your questions, I would be very grateful for a positive rating of my service (using the stars at the top of the page) so that I may receive credit for assisting you.

Very best wishes.

Expert:  Patrick, Esq. replied 9 months ago.

Are you still with me?