How do I know if I am being discriminated against?

UPDATED: Oct 1, 2022

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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