How do I know if I am being discriminated against?

After I disclosed having a disabling condition and needing help modifying my work environment, my supervisor became obstructionist and also changed my work assignments. I was effectively demoted. Since learning that I have a disability he often cancels meetings with me. When we email or meet, he also tells lies about previous conversations, e.g., we never had that agreement. He is often

overtly hostile, even in writing. Example I write him to thank him for helping me to achieve a milestone and he writes back with an unrelated criticism,

Asked on January 11, 2018 under Employment Labor Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

When you are harassed, demoted, and/or otherwise treated worse than others after disclosing a disability, that is almost certainly illegal anti-discrimination discrimination. If your disability prevents you from doing your job, even with some "reasonable" (not too expensive or disruptive) accommodation, the employer might be justified in changing your job (even demoting you) or even terminating you (you must be able to do your job; the law does not make employers keep employees who cannot)...but 1) that's only if you can't do the job with a reasonable accommodation, and 2) it still would not justify the lying and hostility. Based on what you write, you may well have an employment discrimination claim, and should contact  the federal EEOC or your state's equal/civil rights agency to file a complaint.


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