Do I have a legal case for workplace harassment/bullying?
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Do I have a legal case for workplace harassment/bullying?
I was forced to resign or be fired at a major state university in April due to
me and my supervisor not getting along, and mistakes that I was making. Keep
in mind that I suffer from Borderline Personality Disorder, Depression,
Anxiety, High Blood Pressure, Congenital Heart Disease. I am also homosexual.
My supervisors all knew my health issues. It all began with me stepping on my
immediate supervisor’s toes. I ended up writing her a long letter explaining
the situation and told her story. She is a new supervisor. She is a micro
manager. She is also narcissistic. She would give me the silent treatment. She
would ignore me. She would ignore my emails. She would find mistakes that I did
when I took off sick. I took off work for 2 days for depression. I came back
to work on a Friday. She started to sing ‘Manic Monday’ out loud in front of
the co-workers and in front of me. It was a slow Friday. She would treat me
different. She would write me up for mistakes and never get onto others for the
same issue. I wrote letters to upper management all the time pleading for
assistance. I would provide evidence to back me up. She would never get my side
of the story before writing me up. The list goes on.
Asked on August 22, 2017 under Employment Labor Law, Arkansas
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
Generally, bullying in the workplace is allowed--that is a consequence of "employment at will," which is the law in this country except when (and only to the extent) changed by a written employment contract. However, certain things are still disallowed, which include bullying, harassing, or discriminating against employees due to medical conditions or disabilities, including mental conditions like the ones you describe. Her conduct, including singing "Manic Monday," implies she was aware of your condition(s) and targeted you due to them; that may make this illegal disabilty-related discrimination. You should contact the federal EEOC about filing a complaint and/or speak with an employment law attorney about legal action. Before doing either, if you have any proof the employer know of your conditions (e.g. any emails, texts, letters, etc. you sent them informing them of the conditions, or from them acknowledging them), make copies of said proof and organize it (e.g. chronologically); it will help you discuss the matter with the EEOC or a lawyer. Good luck.
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