Discrimination, retaliation for FMLA or harrassment?

Is this discrimination,retaliation for using FMLA or harrassment?
I have several medical conditions that cause me to miss work on an intermittant basis. I have been employed with a local government agency for 8 years. Two years ago I got a new supervisor. After the super found out about my medical needs I was required to complete additional documentaion of sick leave, required to use a time clock when no one else did, denied a flexible schedule - which I had used in the past, and reprimanded for excessive absence. When I was hired I checked YES on the form that asked if I needed ADA accomodations. My super never informed me that I might need FMLA for some of my leave time. After the reprimand I requested FMLA at my Dr.'s suggestion. After that my super became abusive, made snide comments, whispered about me to co-workers loud enough for me to hear, put on probation. Now, 9 months after requesting FMLA the agnecy Director sent a letter to my Dr. asking for detailed information about my condition - without my knowledge.

1 answer  |  asked Jun 28, 2009 03:16 AM [EST]  |  applies to Nebraska

Answers (1)

Neil Klingshirn
The new supervisor appears to be interfering with your right to use FMLA leave in a number of ways. In addition, denying you flexible scheduling when it had been allowed in the past indicates possible retaliation, as well as disability discrimination. In this case, the disability discrimination appears to be in two forms, being worse treatment of you than others and a denial of a reasonable accommodation.

posted by Neil Klingshirn  |  Jul 21, 2009 08:00 AM [EST]

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