What to do if a family member has been filmed at work having seizures and a the co-worker is now showing this to everyone at work?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What to do if a family member has been filmed at work having seizures and a the co-worker is now showing this to everyone at work?
A cousin of mine is working for a fast food chain and is trying to stop drinking. She is
experiencing seizures during this process. A co-worker used her cell to film one of her
episodes and now makes fun of her by showing the footage to other co-workers. She has
told management of the situation but nothing is being done to negate the situation. My
question is does she have any legal recourse against her co-worker or the restaurant chain?
Asked on August 2, 2016 under Employment Labor Law, Colorado
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
IF your family member is actually an alchoholic (i.e. has been diagnosed), then she may have a claim for disability-related employment harassment or discrimination. Alcholism is a disability; co-workers may not harass or discriminate against you due to a disability; if disability-related harassment is reported to management or HR and the company does not take action to stop it, their inaction in the face of a complaint can make them liable for employment discrimination.
So if the family member is a diagnosed alcoholic and has made management aware of her situation and they are doing nothing, then she should contact the federal EEOC or her state equal/civil rights agency to file a complaint, and/or consult with an employment law attorney about possibly suing.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.