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I have been with a company for a year and a half now. I have documented anxiety disorder that the work place is aware of and I am currently on FMLA.I work for a company that provides free medical consultation for the products we sell as a health advisor. For the last year I have requested multiple time’s to switch to an earlier shift as the less compliant more difficult patients call during night time and increase my anxiety. The work center always refused to switch my shift for me. Last week while dealing with a customer who was bilegerent and continued screaming at my I had am axiety attack and swore under my breath and yelled back at the customer who later apologized to another coworker on the phone for her behavior. Then, 2 days later, I recieved a phone call from my boss saying they are letting me go. I explained my case and was informed that the situation was out of their hands and there is nothing they can do. Would this be considered work place discrimination or not?
Asked on February 5, 2018 under Employment Labor Law, Nevada
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
No, it is not workplace discrimination based on what you write. They are not firing you for having a condition, which would be illegal; but they are firing you for what you did at work (swearing; yelling at a customer), which was disruptive. Even if you have a medical or psychological condition, you are not permitted to disrupt the workplace and may be terminated for doing so or for other behavior at work. For example, someone may not be fired for having an addiction; but they may be terminated for drinking (or using drugs) at work or being intoxicated/impaired at work.
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