Is this Illegal discrimination?

[eerelations]

Based on the information you provided in this thread and your other thread, I recommend you file a claim of discrimination based on disability with the EEOC. The EEOC will investigate and make a determination.

 

[I'mTheFather]

Did you ever inform your employer of your disability?

 

[eerelations]

Did you ever inform your employer of your disability?

I suspect he did, that's why his employer and coworkers were calling him "psycho" and "serial killer" etc. Unfortunately many people still react to mental disabilities with great hostility.

 

[cbg]

On the other hand, it's also possible that the OP's behavior was not as stable as he believes.

 

[I'mTheFather]

What is the name of your state (only U.S. law)? CA

I have documented proof of being diagnosed with schizo-affective disorder. I used to work on a night crew that was very loose and allowed to do just about anything. My boss and co-workers acted like i was unstable, although none of my actions or speech reflected this. They put together this image of me like i was a strange recluse that didnt understand society. They treated me like i was a serial killer. All kinds of verbal harrassment occurred.. They said i was unstable, unapproachable (yet i was very friendly), i was weird, i was a serial killer, that i was a sicko with problems. My boss failed to give me instructions that i needed to perform my work because she was affraid of me because she thought i was mentally unstable.

Later she was caught in the back of the store having sex with an employee.

The entire time i worked there, the crew acted as if i was creating a huge problem in the workplace (although none of my action or speech reflected this, i kept to myself, did my work and asked for help when needed). I asked the assistant managers and the manager and HR for this to stop many times, only to be told to leave my problems at home, the harassment continued. I did not tell them i was diagnosed with a disorder at the time.

In the end i was called into the office and given a notice of termination which indicated gross misconduct - creating a hostile work environment and fired.

The situation caused me great distress and problems.

Is this illegal discrimination?

What is the name of your state (only U.S. law)? CA

What constitutes a hostile work environment and what can one do about it? If people are harrassing someone, saying that person is causing sales loss when they are not, bullying them whenever possible undermining them every step of the way and that person asks for this to stop and it does not, is there nothing that person can do?

Is it illegal if the other employees make that person do their work because of a perceived weakness and that person really has a disability, yet the others do not know about this? For example if that person is taking on more work than others because of a percieved weakness is that alone illegal, or does this person have to have a disorder? And if they do is this alone illegal?

I guess this can get kind of tricky.. There is no set in stone law for this kind of discrimination?

What if this behavior from others causes a hostile work environment? Would assault have to be present? If someone makes you feel threatened walking by you and they are looking at you angry, that is not assault is it? Wow sounds really tricky and somewhat underdeveloped. But so goes it.

What is it that makes the difference in someone creating a hostile work environment or not? What actions or speech need to be present and to what degree? Is it illegal to fire someone for creating a hostile environment when none of these actions or speech are present? Does that person then need to fit the criteria outlined in the civil rights laws or is it illegal to fire them like that without fitting that criteria?

Well, I asked because OP said in both threads that the employer didn't know about the disability. I wondered if he did, in fact, notify the employer at any time during employment. Just wanted clarification.

 

[Nellibelle]

What is the name of your state (only U.S. law)? CA

I have documented proof of being diagnosed with schizo-affective disorder. I used to work on a night crew that was very loose and allowed to do just about anything. My boss and co-workers acted like i was unstable, although none of my actions or speech reflected this. They put together this image of me like i was a strange recluse that didnt understand society. They treated me like i was a serial killer. All kinds of verbal harrassment occurred.. They said i was unstable, unapproachable (yet i was very friendly), i was weird, i was a serial killer, that i was a sicko with problems. My boss failed to give me instructions that i needed to perform my work because she was affraid of me because she thought i was mentally unstable.

Later she was caught in the back of the store having sex with an employee.

The entire time i worked there, the crew acted as if i was creating a huge problem in the workplace (although none of my action or speech reflected this, i kept to myself, did my work and asked for help when needed). I asked the assistant managers and the manager and HR for this to stop many times, only to be told to leave my problems at home, the harassment continued. I did not tell them i was diagnosed with a disorder at the time.

In the end i was called into the office and given a notice of termination which indicated gross misconduct - creating a hostile work environment and fired.

The situation caused me great distress and problems.

Is this illegal discrimination?

Terminating you because you created a "hostile work environment'" is very telling! As hard as it is for an employee to prove a hostile work environment, it should be equally as hard to prove one was terminated for creating one! At the very least, such documented and written defamation should be scrutinized by an attorney for possible litigation against your former employer.

 

[Zigner]

Terminating you because you created a "hostile work environment'" is very telling! As hard as it is for an employee to prove a hostile work environment, it should be equally as hard to prove one was terminated for creating one! At the very least, such documented and written defamation should be scrutinized by an attorney for possible litigation against your former employer.

Oh brother

 

[Proserpina]

Oh brother

Consider the source; he is the boomerang of FA.

 

[Eekamouse]

OP, what does your supervisor having sex with someone have to do with you and your situation?

 

[Nellibelle]

Consider the source; he is the boomerang of FA.

Who is "he"? So do you and Zigner really believe that an employer termination notice indicating termination due to creating a "hostile work environment" when it is truely false and defamatory to the former employee, is not actionable?

 

[Ladyback1]

Who is "he"? So do you and Zigner really believe that an employer termination notice indicating termination due to creating a "hostile work environment" when it is truely false and defamatory to the former employee, is not actionable?

And we've NEVER had a poster, not one poster, embellish a situation so that it is favorable for themselves!

PUHLEASE!

 

[Nellibelle]

And we've NEVER had a poster, not one poster, embellish a situation so that it is favorable for themselves!

PUHLEASE!

Embellish? What are you talking about? There is either defamation or not. If there is, you, Proserpina and Zigner should shut up and stick to what you know!

 

[cbg]

And there is not.

An employer making a statement to an employee about that employee is not defamation. It would have to be made to a third party before there could be any question of defamation.

 

[commentator]

When an employer is asked by the unemployment system what is the reason that the employee is terminated, is no longer working there, then they get to tell their side of the story. Sometimes they use terms like "created a hostile work environment for other employees." It is by no means illegal for them to say something like this, and gives you no grounds for a lawsuit or reason to see an attorney, I don't find it "very telling" at all.

I would suspect from my years of experience hearing people be fired and what he said/they said/ was said, bet the OP here is telling a very different story from what the employer might have told the unemployment office or may have put on the separation papers or might tell a future inquirer. And that isn't grounds for a lawsuit.

If the employer didn't know you had a legitimate diagnosis of mental illness, if you had not requested accommodation regarding your disability, if you did, in fact, act strangely, aggravate your co-workers, create a lot of disturbance in the workplace then they were fully within their rights to terminate you for that reason. If they kept records, gave you warnings, documented problems that had previously occurred, gave you the opportunity to change your behavior, then they were fully legal in terminating your employment, and they likely kept you from drawing unemployment benefits, too.

Having a diagnosis of some kind doesn't make you bulletproof if you really are a disturbance creator, scare the other employees and are in general a pain for the employer.

 

[I'mTheFather]

Embellish? What are you talking about? There is either defamation or not. If there is, you, Proserpina and Zigner should shut up and stick to what you know!

Good one, haha!

(You are joking, right?)