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I believe I was unjustly profiled at my job. I was the ONLY…

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I believe I was...

I believe I was unjustly profiled at my job. I was the ONLY ONE accused or questioned about missing candy and rummaging through someone’s drawers at work. I’m not the only person who has access to this office but I was the only one questioned and humiliated because I’m the only fat/overweight person at my job. I asked my other nurses if they were asked about the missing candy but no. JUST ME! I was disgusted and ashamed/humiliated and I couldn’t go into work that night. I called in sick. I still have the email I was sent. A CC was sent to the person who’s candy was stolen. I forwarded the email to my supervisor and manager of the facility, telling them how I felt. Neither one responded. I feel like I’m being bullied all over again. I’m not sure what, if any, chance I have to bring legal actions towards them. I have to pump myself up now so I can go into work. I never had to do that before. I have to tell myself to NOT call in. Do I have a chance/case?

Lawyer's Assistant: Have you discussed the accusation with a manager or HR? Or with a lawyer?

I forwarded the email to both my nurse manager and the facility manager and got no response. Like, they don’t care!

Lawyer's Assistant: Are you an "at will" employee? Do you belong to a union?

I’m not union.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Don’t think so.

Submitted: 6 months ago.Category: Legal
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Answered in 1 hour by:
12/26/2017
Lawyer: Marsha411JD, Attorney replied 6 months ago
Marsha411JD
Marsha411JD, Attorney
Category: Legal
Satisfied Customers: 20,935
Experience: Licensed Atty, 29 yrs exp in the practice of law.
Verified

Hello,

Thank you for the information and your question. Can you please tell me what State you work in and also if you have file a discrimination complaint with your HR/EO Department?

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Customer reply replied 6 months ago
I live and work in Kansas. I forwarded the email with a complaint to my nurse manager and the facility manager and received no response. Do I need to contact corporate HR? I added a pic of the actual printed out email I received. Hope u can read it.
Lawyer: Marsha411JD, Attorney replied 6 months ago

Hello again,

Yes, if you believe that you are being discriminated against, you must first file a formal complaint with your EO/HR office and let them try to resolve the issue. Not until you do that and they fail to end the alleged discrimination going forward would you have any form of potential legal complaint to file with the State or the EEOC, or the courts.

That said, being overweight or obese is not, per se, a protected status under employment discrimination laws. However, if a particular individual would qualify as disabled under the ADA, then they would be protected from discriminatory conduct. So, there is no guarantee that in your case this would ever be a legal issue and may, instead, be a management/workplace professionalism issue. That is especially true since, even when there is a singling out of an employee who is protected under employment discrimination laws, there must be a finding that they either were subject to an adverse employment decision (demotion, termination, etc.) are were subjected to "severe and pervasive" harassment. That means that a one time act would normally not be actionable.

All that said, once you speak to HR and see what they say and do, if you feel they didn't resolve the issue, you can always sit down for a consultation with a local employment law firm and discuss any history of behavior in your workplace, and also your physical limitation or medical conditions, if any, to see if they think the local courts would respond favorable to a claim of unlawful discrimination under the ADA.

Please feel free to ask for clarification if needed. If none, then if you could take a moment to reply to this answer and let me know that I covered your question, then the Site will give me credit for assisting you today. Thank you

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Lawyer: Marsha411JD, Attorney replied 6 months ago

Hello again,

I wanted to touch base with you and make sure that you did not have any follow up questions for me from the answer I provided to you on the 26th. For some reason, the Experts are not always getting replies, or ratings (at the top of the question/answer page you are viewing or in the pop up box for this question), which is how we get credit (paid by the Site) for our work, that the customer thinks have gone through. In your case I received neither.

Please keep in mind that I cannot control the law or your circumstances, and am ethically bound to provide you with accurate information based on the facts you give me, even if the news is not good. If you are having technical difficulties with reading, replying or rating, please let me know so that I can inform the Site administrator.Please note that Site use works best while using a computer and using either Google Chrome or Firefox.

In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue,if needed. You can bookmark my page at: http://www.justanswer.com/law/expert-marsha411jd/

Thank you.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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