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[IN] Can I sue my employer for discrimination due to my bipolar disorder?

Liz
Liz

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I'm really sorry to hear about the challenges you're facing at work. It sounds incredibly frustrating and unfair. Here are some steps you can consider taking:

  1. Document Everything
    Continue to keep detailed records of all incidents, including dates, times, what was said, and who was involved. This documentation can be crucial if you decide to take legal action or file a formal complaint.
  2. Understand Your Rights
    Under the Americans with Disabilities Act (ADA), you have the right to request reasonable accommodations for your bipolar disorder. Even though you haven't requested accommodations yet, it's something you might want to consider. This could include flexible scheduling, modified duties, or other adjustments that help you perform your job effectively. (42 U.S.C. § 12112)
  3. Follow Up with HR
    Since you've already reported the issue to HR, follow up with them to check on the status of your complaint. It's important to ensure they are taking your concerns seriously and investigating the matter.
  4. Seek Legal Advice
    Consider consulting with an employment lawyer who specializes in discrimination cases near you. The bar can usually do a referral.
  5. Explore External Resources
    You can also reach out to the Equal Employment Opportunity Commission (EEOC) to file a formal complaint. They can investigate your claims and determine if any laws have been violated.
  6. Consider Alternative Employment
    While pursuing these actions, continue applying for other positions, either within the university or elsewhere. Finding a more supportive work environment might be beneficial for your well-being.

Please let me know if you have further questions.

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Employee Incident Report

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I feel like I am experiencing workplace discrimination due to my bipolar disorder. None of this was an issue until May of this very year when I had to call out of work just once and provided them documentation that I had to see a doctor and explained that I had bipolar disorder to one of my bosses. That same individual rejected to look at the paperwork I brought in but clearly heard me state I had the disorder.

Immediately that same week, for whatever reason, I started getting a lot more coaching, being brought to the back, and being overall seemingly pestered and harassed for very tiny things that couldn’t even be directly proven and other employees questioned the validity of. They would give me contradictory coaching multiple times and kept repeatedly asking me questions that seemed strange, such as bringing me to the back and asking if I have a driver's license even though the job itself does not require one and HR policy online straight up states they are not to ask that.

There was also one egregious instance where I was a paying customer off the clock at the in-hotel coffee shop where I was simply sitting there off duty and was reprimanded for being there even though I was not working nor on the clock. Later that same day, after I got permission to stay in the hotel after my shift while I waited for a ride, another manager tracked me down and said I could not be there and I was forced to wait in the rain for my ride.

Another issue is that they repeatedly claimed I have body odor and that it is an extreme issue. However, no other employee seemed to think that and I went as far as tracking when I showered before work and buying odor-blocking undershirts and underwear, yet they still took issue. They also constantly coached me on my uniform being too tight and said it was my fault even though they provided it and took a long time to get me paperwork to get new uniforms at the campus laundromat. Many of these coachings were contradictory. They say I am either too transactional with guests or not transactional enough, and claim my interactions are bad even though guest feedback forms consistently mention that I provided excellent service.

Last week I had a written coaching where a manager said the feedback from other managers was that I needed to be more transactional, but that I was improving and management was aware. Then this week I was called into the main manager’s office and told I am being too transactional and that my grooming and interactions with guests are unsatisfactory. I was also told I would be passed over for a part-time or full-time position and remain a temp because of these issues. This contradicts what I was told previously. I left the meeting crying because I feel humiliated and embarrassed. I also know I was inadequately trained because training for certain positions stopped the moment I had that single call-out.

Before I mentioned my bipolar disorder, my interactions with management were much more pleasant. The second I mentioned it, everything changed. I have mentioned my disorder multiple times in passing to employees and managers. Other employees are confused as to why I seem to be singled out. I feel humiliated and embarrassed. I have reported this to HR but have not heard back and I am currently exploring my options.

Lexi

Lexi, Chatbot

I'm really sorry to hear about the difficult situation you're facing at work; it sounds incredibly challenging. Have you formally reported the discrimination to HR, and if so, what was their response?

I have formally reported it to HR; however, there has yet to be a response. I am looking into options while that is pending.

Lexi

Lexi, Chatbot

Have you kept a record of the incidents and communications with your managers regarding the treatment you've experienced?

I've kept some records, not all because I didn't think I would ever be doing this, but I do have records of the dates some of these infractions happened and records of the time and date of the meeting with the main manager where he told me I would not be hired.

Lexi

Lexi, Chatbot

Is there anything else the employment lawyer should know before I connect you? Rest assured they'll be able to help with your workplace discrimination.

No.

Liz

Liz

Hi there! My name is Liz and I’ve been an attorney for more than a decade, and I am here to assist with your legal concerns. So I can best help, did you ever request any accommodations?

I did not. I did make it clear I had a disorder, but only when I had to miss work due to a medication issue. I have however informed my managers that if they see my hands shake that is not me being nervous—that is psychomotor agitation due to my bipolar disorder.

Liz

Liz

Thanks for sharing that. It’s important to be open about your condition, especially when it affects your work.

Could you let me know where you're located? This helps in understanding the specific laws that might apply to your situation.

I am located in Indiana.

Liz

Liz

Thank you for sharing that. Does anyone else have a disability that you know of?

There have been instances where other people have been targeted in other departments due to their own disabilities, not as much in mine, although management is the same regardless.

Liz

Liz

I'm so sorry. Is there any union?

There is not, and I am also still considered a temp worker for the time being. I have been repeatedly applying for another position but was always passed over. On the tenth, I was pulled into their office after HR forwarded my information and I was straight up told no, and was given contradictory information about my performance that contradicts what I signed off on a week prior.

Liz

Liz

I'm really sorry to hear about the challenges you're facing at work. It sounds incredibly frustrating and unfair. Here are some steps you can consider taking:

  1. Document Everything
    Continue to keep detailed records of all incidents, including dates, times, what was said, and who was involved. This documentation can be crucial if you decide to take legal action or file a formal complaint.
  2. Understand Your Rights
    Under the Americans with Disabilities Act (ADA), you have the right to request reasonable accommodations for your bipolar disorder. Even though you haven't requested accommodations yet, it's something you might want to consider. This could include flexible scheduling, modified duties, or other adjustments that help you perform your job effectively. (42 U.S.C. § 12112)
  3. Follow Up with HR
    Since you've already reported the issue to HR, follow up with them to check on the status of your complaint. It's important to ensure they are taking your concerns seriously and investigating the matter.
  4. Seek Legal Advice
    Consider consulting with an employment lawyer who specializes in discrimination cases near you. The bar can usually do a referral.
  5. Explore External Resources
    You can also reach out to the Equal Employment Opportunity Commission (EEOC) to file a formal complaint. They can investigate your claims and determine if any laws have been violated.
  6. Consider Alternative Employment
    While pursuing these actions, continue applying for other positions, either within the university or elsewhere. Finding a more supportive work environment might be beneficial for your well-being.

Please let me know if you have further questions.

Liz

Liz

If I can be of help further, please let me know.

Liz

Liz

43,836 satisfied customers

Liz
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