Just seeking confirmation

[CJane]

That *might* be harassment on the basis of disability. Has HR been informed?

Not yet. Though according to the employee handbook, all instances must be reported to HR w/in 7 days of them happening - or the person becoming aware of them.

Also, the handbook defines harassment as this:

Discrimination or harassment of employees or of applicants is prohibited. The Company considers harassment any conduct that has the purpose or effect of creating an intimidating, hostile or offensive work environment; conduct that unreasonably interferes with an individual’s work performance; or conduct that adversely affects an individual’s opportunities.

The prohibited conduct includes verbal or physical conduct that denigrates or shows hostility or aversion toward an individual because of that person’s race, skin color, religion, gender, sex, pregnancy, national origin or disability.

Now, since it says it includes hostility based on protected status, does that mean all other people are excluded? ie: The ONLY way it's harassment is if you fall into a protected category?

 

[Ozark_Sophist]

HIPAA aside, Title 1 of the ADA does prohibit unnnecessary disclosure of an employees health information in the workplace. Figures I'm at home and I have the relevant federal code bookmarked in my ADA manual at work.
As described, the harassment may be at the point of being unlawful. A written log should be kept detailing who, when, what, and where those comments were made.
Options include HR, EEOC, and/or consultation with an attorney versed in workplace discrimination and the ADA.
I'll follow up tomorrow with the appropriate citation re: federal code.

ETA: had this happened before the ADA amendments act passed last fall, my answer would have been different. As the ADAAA stands now, it applies.

 

[las365]

Not yet. Though according to the employee handbook, all instances must be reported to HR w/in 7 days of them happening - or the person becoming aware of them.

Also, the handbook defines harassment as this:



Now, since it says it includes hostility based on protected status, does that mean all other people are excluded? ie: The ONLY way it's harassment is if you fall into a protected category?

While the handbook does serve as an administrative guide for the company and is not enforceable law, in this case the handbook language closely tracks the actual law. I think your friend has a reasonable complaint that she is now being harassed based on the manager's perception of her as disabled. She should complain to HR and consider filing an EEOC claim. If she chooses to file an EEOC claim, she then has legal recourse if she is fired in retaliation for filing the EEOC claim. (NOTE: that has to be the sole reason for the termination - if there are legitimate issues with her performance, a firing after the filing of an EEOC claim can be defended as not retaliatory.)