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inappropriate statements fromanager or not?

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Shadowbunny

Queen of the Not-Rights
LONDONDERRY said he has never been tested for any type of learning disability and no one has ever commented on it.
I missed that; thanks, quincy. I was thinking along the lines of ADA, but without a diagnosis, I was barking up the neighbor's tree!
 


LONDONDERRY

Junior Member
been a while and just an update... still at the same company with same manager, nice guy in general but still tells me a I have a learning disability on occasion; even though I talked with him about not like hearing this. I'm not looking to get anyone or the company in trouble, but in the same token I'm tired of hearing these comments. I have a few questions I would like to ask the experts:
1. At what point should I make HR aware of this situation? Again, not looking to cause any problems which I'm concern it will and have kept quiet.
2. Can tasks, even simple, ones be pulled away from me?

I believe the underlining problem I was hired to replace a engineer that left. From what they, employees, told me he was a super smart talented engineer who knew a lot on the products and was a "go-to" person to solve issues when most couldn't. The expectation that I've noticed was to have the same depth of knowledge and experience on my first day, with minimal or no training; sort of a brain transplant. I actually had the opportunity to meet my predecessor and ask him how long did it take you to come up to speed, his reply was about 4 years.
Thank you for taking the time reading this.
 

cbg

I'm a Northern Girl
If the only one to whom he is saying this to is you, then he is being annoying but he is not violating any laws.

1.) You are free to talk to HR any time you like. They may tell him to stop; they may tell you that it is not their job to make everyone play nicely in the sandbox together. No way to tell. Either would be appropriate.

2.) Yes. Just the same way tasks can be pulled away from any other employee who does not have a legally binding contract that guarantees specific duties.
 

xylene

Senior Member
We've been over this in a number of other threads, you do not have a disability or be a member of a protected class to be subject to illegal discrimination based on class attributes.

Is that the case here, I do not know, but the OP does not need to have a disability for this to be illegal,
 

cbg

I'm a Northern Girl
That's right, s/he doesn't. But as far as I can see, the OP is not being subjected to anything other than occasionally being told that s/he, in the opinion of the manager, has a learning disability. I can completely understand why the OP does not like that, but it's not going to sustain a disability discrimination claim. Particularly since it does not appear that s/he's ever addressed it with HR.
 

Just Blue

Senior Member
We've been over this in a number of other threads, you do not have a disability or be a member of a protected class to be subject to illegal discrimination based on class attributes.

Is that the case here, I do not know, but the OP does not need to have a disability for this to be illegal,
Based on px hx OP is either in NH or MA. TMK there is no Londonderry Massachusetts. ;)
 

not2cleverRed

Obvious Observer
I know...I spent 4 of the longest years of my life right next door to Londonderry(not a fan). But it still isn't in Mass. OP should clarify where the company is. I believe that NH and MA employment law are a bit different.
According to posting hx, OP lives in NH, works in MA.
 

quincy

Senior Member
been a while and just an update... still at the same company with same manager, nice guy in general but still tells me a I have a learning disability on occasion; even though I talked with him about not like hearing this. I'm not looking to get anyone or the company in trouble, but in the same token I'm tired of hearing these comments. I have a few questions I would like to ask the experts:
1. At what point should I make HR aware of this situation? Again, not looking to cause any problems which I'm concern it will and have kept quiet.
2. Can tasks, even simple, ones be pulled away from me?

I believe the underlining problem I was hired to replace a engineer that left. From what they, employees, told me he was a super smart talented engineer who knew a lot on the products and was a "go-to" person to solve issues when most couldn't. The expectation that I've noticed was to have the same depth of knowledge and experience on my first day, with minimal or no training; sort of a brain transplant. I actually had the opportunity to meet my predecessor and ask him how long did it take you to come up to speed, his reply was about 4 years.
Thank you for taking the time reading this.
We appreciate the update, LONDONDERRY.

I am sorry to hear that your manager has not learned over the past year how to speak to you without insults. I have a feeling that he is probably no better at communicating with his other employees.

Good luck with whatever decision you decide to make regarding a report to HR.
 

PayrollHRGuy

Senior Member
Unless @LONDONDERRY actually has a Dx learning disability that rises to the level of a disability then her supervisor saying she has a learning disability is an insult not actionable discrimination.
 

quincy

Senior Member
Unless @LONDONDERRY actually has a Dx learning disability that rises to the level of a disability then her supervisor saying she has a learning disability is an insult not actionable discrimination.
It could be defamation, though, depending on facts - not that I think a defamation suit is worth considering at this point.
 

PayrollHRGuy

Senior Member
It could be. But then so could many insults. One of the worst and yet very common examples is the MF phrase but I have never heard of a court the use of that phrase to be guilty of defamation.
 

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