If I have been harassed at work due to my disability, what can I do?

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If I have been harassed at work due to my disability, what can I do?

The RN’s where I work are Filipino and refuse to even speak English in front of me. They have given me the worst assignments and told me that I should be fired as I have a disability. I have gone to my boss over and over with no results. I am off on medical leave now as my doctor states I cannot work in such a hostile place with my medical condition. All I want is to go back to work but I can’t in such a hostile place. I am desperate. They openly call me the “white nurse”. It is humiliating. I have received nasty emails sent to my home, endured name calling and physical attacks, and have generally been picked on. The powers to be at the hospital have done nothing to stop this.

Asked on February 4, 2011 under Employment Labor Law, California

Answers:

Aryeh Leichter / Leichter Law Firm, APC

Answered 10 years ago | Contributor

If you would like to discuss this matter further, please give me a call at (213) 381-6557 or send me an email at [email protected]  It sounds as though you might have several legal claims against your employer.

All the best,

Ari Leichter

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

It is illegal to discriminate against or harass an employee because of either race or disability, so you may have not one but two possible claims. An employer is responsible in this regards for the actions of its employees, so the hospital may be liable for the actions of its RN's. There are also causes of action available for being physically assaulted. You should consult with an employment attorney, who can evaluate your case, advise, and represent you. Note that in many cases, attorney's fees are available in discrimination claims, so it may be the case that if you have a strong case, you can expect to recover even what you pay your lawyer as welll as other damages; this is itself something to discuss with an attorney. Good luck.


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