What can I do if I feel I'm being harassed by my supervisor because of depression and anxiety?

I have suffered from mild depression and anxiety for several years. I have worked for my employer for 8 years and during that time I have seen counselors and have gone on and off anxiety medication. In August 2019, I lost my keys to my office and the supervisors didn't seem to have an issue with it and I was allowed to borrow the main keys at work. Later on in the year, my depression was getting worse, but I was still going to work everyday and on time and doing my job, I may just have been grumpier or quieter than normal. In February 2020 my boss gave me information to a therapist that the company uses for free sessions. That same week, they suddenly decided to give me a formal written warning for losing my keys. One month later, I was given my performance review and it was a negative review, also mentioning the fact that I had lost my keys. Over my entire tenure at this job, every year I have been given positive performance reviews and a 3%-10% annual raise and this month I was not given a raise at all. I was told the reason for not getting a raise was because of the "market value" of the job. My salary is far below market value and have ran comps in the area for my supervisor to show that I am below any range thats given, so it's laughable that they would use that as a reason. It's hard not to correlate this with the fact that I was open about my depression with my boss because I have a track record over the last 8 years that I have been a good employee until the last few months. Do I have any rights here?

1 answer  |  asked Mar 31, 2020 09:24 AM [EST]  |  applies to Colorado

Answers (1)

Nina Kazazian
Depression and Anxiety are recognized disabilities under the ADA (Americans with Disabilities Act). You don't say what kind of "harassment" you are subject to, or when it started, why, or whether your employer knows of your condition. For that matter, you didn't say when the condition started.

All of these facts would be important in any lawyer's evaluation of your situation. So, it isn't possible to give a definitive answer to your question. You really need to consult with an attorney about your situation, because the facts and timeline make the difference.

In general, if your condition is affecting your work in some way that can be improved with a "reasonable accomodation" you should coordinate with HR and your doctor to identify what you need in terms of a reasonable accomodation.
Then you should ask for that. Whether you should talk to your boss or just go through HR depends on the size of the company and other factors. Your next steps also depend on current facts and circumstances.

Please contact an attorney and schedule a consultation as soon as possible. Many attorneys are still doing consultations during the COVID crisis, by video or telephone.

posted by Nina Kazazian  |  Apr 25, 2020 4:03 PM [EST]

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