If I took FMLA and my doctor disclosed my disabilities and later applied for a lateral position but HR discussed my disabilities with my new boss, should I reapply if it is posted again?

so I didn’t have a fair chance at the job. I have been harassed and discriminated against based on my disabilities ADD, anxiety and depression since taking FMLA. I have been treated different then any other employee and I have worked in the clerical unit in the school district for 26 years. I bid on a position while I was on FMLA and it took HR more than 1.5 months to decide if they would award me the bid. They finally did but didn’t post my current job and kept doing things like inviting me to meetings

after I should have been in the new position, talking like I wasn’t leaving, asking for my job duties for a 20 day period, not hiring anyone to fill in at my current job, etc. HR called my doctor and asked for

medical information about me the day he found out that I was returning. He also met with the Assistant

Superintendent, my potential new boss my current boss and disclosed my disabilities to them before deciding if they would accept my bid. Then he told my union rep not me they would accept my bid but had 20 days to return me per my clerical contract. I knew they planned on returning me before I left and they did after 7.5 days. I didn’t do anything wrong, I have 26 years experience and have a good record with the district. The new principal said I was a hard worker but she was a verbal person and it

seemed like I liked things in writing so our communication styles didn’t mesh. Then she gave me the remainder of the week 2.5 days paid off per HR. I sent her a certified letter on advice of my union steward asking why she

Asked on August 28, 2017 under Employment Labor Law, Minnesota


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

What you may wish to do is to contact the Equal Employment Opportunity Commission (EEOC) about filing a complaint. If the boss "makes fun of staff with disabilities" and you have been harassed since you advocated for your disabled son, it is possible that you are experiencing disability-related employment harassment or discrimination--which is illegal. It is worthwhile to speak to the EEOC about this situation; they may be able to help you.

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