Harassment because of anxiety issues

I suffer from anxiety and I am on medication.
Currently my workplace is doing performance
reviews and I have been informed that they are
doing mine last. My concern is that they may be
doing this to see how bad my anxiety can get
and set me up for failure. I do my job and yes
I have a few other issues, one feeling like I
don’tfit in. What grounds do I have if I find
they are doing this intentionally.

Asked on August 31, 2017 under Employment Labor Law, Wyoming

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Doing your review last is not harassment: someone has to be last, after all, and simply because your is the last one would not support any harassment claim. If something happens due to the review and it is unfair or unwarranted (i.e. is only due to your condition), you may have a claim, but not otherwise.
An employer cannot harass or discriminate against you because of a medical (including psychological or emotional) issue or disability, so if you suffer some negative consequence solely due to having anxiety and being on medication, that may be illegal discrimation. So if you are demoted, suspended, etc. and believe there is no other explanation but for your condition, contact the federal EEOC to discuss possibly filing a discrimination complaint. 
However, bear in mind that even if you have a disability or condition, you can suffer consequences for your behavior or "other issues" at work. So if you are less productive that other employees; miss work due to anxiety; or act in inapproriate ways at work (for example), you can suffere disciplinary action or even be terminated for those things. Not discriminating means not discriminating over the fact or existence of a condition, but it does not mean that employers cannot take action when an employee isn't doing the job the way he/she should or is causing other problems.


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