Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
For starters, you need to understand that ordinary workplace bullying
is not legally actionable. The US Supreme Court has stated that the laws regarding workplace harassment/hostile
work environment were enacted to protect employees from conduct based ONLY on the age/race/sex/disability/national origin of the employee and they were NOT intended to create a code of civility in the workplace. See: Oncale v. Sundowner Offshore Services, 523 U.S. 75 (1998)
So, in order to have a claim against the employer, you have to show this is not just ordinary bullying and she is treating you this way based on either an actual OR PERCEIVED disability (in this case) as she is accusing you of having mental health issues and she is harassing you based on that perceived disability.
Your recourse is filing a claim with the EEOC
, since they must investigate and grant you a right to sue letter to sue the employer in court for harassment based on your perceived disability.
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