Can I file a complaint with the division of human rights for disability harassment?

Everything was fine with my employer but as soon as I revealed my condition to my supervisor and requested FMLA, I started experiencing a wide range of harassment. Anything from false misconduct write ups, bad performance reviews, scrutinized, set up to fail and more.

Could I file a complaint for disability harassment with the New York State Division Human Right?

1 answer  |  asked Jan 31, 2020 10:38 AM [EST]  |  applies to New York

Answers (1)

Charles Joseph
If your condition is considered a disability under New York State law, you may very well have a claim for disability discrimination that you can file with the New York State Division of Human Rights, or you can file a complaint against the employer in state court.

It also is unlawful for employers to retaliate against employees who request or take leave under the FMLA. In fact, the law creates a presumption of guilt for an employer that fires an employee while out on FMLA leave or within 90 days of returning from FMLA leave. Complaints of FMLA retaliation may be filed the Wage and Hour Division of the U.S. Department of Labor or in federal court.

You can read more about employee rights regarding medical leave and disability discrimination Working Now and Then.

This response is not legal advice, but is general information only, based upon the information stated in the question and general legal principles. It is provided for general educational purposes of the public who may have similar questions, not for any specific individual or circumstance. It is not intended to create an attorney-client relationship. Legal issues depend on all the specific facts of a situation, which are not present here. If you would like to obtain specific legal advice about your issue, you must contact a local attorney who is licensed to practice law in your state.

posted by Charles Joseph  |  Mar 20, 2020 08:22 AM [EST]

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