Assistant manager threatened my position

I recently had a talk with my assistant manager about some issues I was having. I had an injury to my brain, it was an aneurysm, I was 11 years old when happened. I still to this day have issues but I have a notebook with me, I write everything down in it to help me. In our talk, she told me I use my injury as an excuse for things. That’s totally untrue. I’ve never used it as an excuse. I told my manager about what she said, he had no clue that I had that injury. He said that she was not supposed to say that, it was uncalled for. I told him I would like a transfer to another store. I told him I do not want to work with her. On the schedule, I have to close with her and it is very uncomfortable to do that. She also said to me that she was going to demote me. I also told the manager that but he says that won’t happen but I’ve noticed that they have been treating me like a regular worker instead of a shift manager. It’s making me feel like they are getting ready to.

Asked on September 26, 2016 under Employment Labor Law, Oklahoma

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

While an employer may take action against an employee with a disability or medical condition for what the employee does or fails to do at work (e.g. poor performance or absenteeism), they cannot take action against or harass someone simply because they *have* a disability or medical condition--doing so is against the law (such as the federal Americans with Disabilities Act). Also, while again, an employer may take action based on performance, the employee must make "reasonable accommodations" for an employee with a disability, like letting him or her take notes. If you feel that you are being harassed or discriminated against because of your condition and not because of any performance, etc. problems at work, contact the federal EEOC to disuss filing a disability-related employment discrimination complaint; you may be entitled to monetary compenation.


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