What are my FMLA rights and am I being discriminated or retaliated against for using my FMLA?
I am on FMLA with intermittent leave for one day a week and doctors appointments. Ever since starting my FMLA I have been being treated badly by co-workers. They are rude and act as if i am invisible. When i ask for thier help they refuse and tell me to figure it out. During the times that I am not at work all my work is caught up. They have made it to the point that I want to quit my job. I feel as if it is affecting my work. Is there a legal issue here or no.
1 answer | asked Aug 7, 2019 2:06 PM [EST] | applies to Texas
Answers (1)
Without meeting and consulting with you I cannot provide legal advice specific to your situation. By way of general information, though, the FMLA prohibits both discrimination and retaliation. Under general anti-discrimination laws, like Title VII of the Civil Rights Act, harassment based on use of FMLA leave can be both discrimination, like sexual harassment, and retaliation.
When the harassment is by co-workers, an employer can escape liability for the harassment by co-workers if it has a policy encouraging employees to report harassment and the target of the harassment does not use the policy to report the harassment.
To find out how to apply this to your situation, consult with a Texas employment lawyer. You can find Texas employment lawyers in MEL's directory. Another good source is the Texas Employment Lawyer's Association website, https://www.mytela.org/index.cfm?pg=findalawyer.
posted by Neil Klingshirn | Aug 8, 2019 08:25 AM [EST]
When the harassment is by co-workers, an employer can escape liability for the harassment by co-workers if it has a policy encouraging employees to report harassment and the target of the harassment does not use the policy to report the harassment.
To find out how to apply this to your situation, consult with a Texas employment lawyer. You can find Texas employment lawyers in MEL's directory. Another good source is the Texas Employment Lawyer's Association website, https://www.mytela.org/index.cfm?pg=findalawyer.
posted by Neil Klingshirn | Aug 8, 2019 08:25 AM [EST]
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