I am working in a hostile environment and harassed by the manager to the point of having extreme anxiety because of something general but personal of me, not under categories protected by law. I requested for reassignment based on my existing medical conditions and the anxiety attacks whenever I encounter the harasser. The request was temporarily honored and was now threatened to be declined. My anxiety returned and was put on antidepressant.
Employment / Labor Attorney
While your hostile work environment claims may not be protected by the law, in the event that your request for an accommodation for your disabilities is denied, and provided your original request was reasonable, you may have a claim under the Americans with Disabilities Act or the state equivalent. I would talk with a lawyer and, regardless of what you do, a job is never worth more than your health.
My communications on this site are for the purpose of education the general public about legal issues. If you are seeking an individual consultation, please do so by visiting my firm's website at www.stollglickman.com or otherwise communicating outside of Avvo.com.
I also believe it's prudent to go back to your Human Respurces Department to remind them them that you are requesting an accommodation under the New York City Human Rights Law, the broadest of all disability protection laws in New York. Make sure to memorialize the event in email or letter form. As always, best to contact an attorney whose focus is in the field of employment law.
The information provided does not constitute legal advice and is presented without any representation or warranty whatsoever, including as to the accuracy or completeness of the information. Always contact an attorney when seeking legal advice. www.risman-law.com / www.TrueFightLaw.com
Employment / Labor Attorney
I would not be so quick to assume that your situation is not protected. If the harassment itself causes you health issues, then your request for a change in work conditions is protected. Feel free to ask any additional questions, as it is important for you to understand your right:--which is to work in a safe workplace free from harassment and retaliation.
PLEASE READ THIS DISCLAIMER * I very much like to offer my advice and guidance to those in need. It is why I became a lawyer. However, please note that I have not been engaged to be your lawyer so my advice is general in nature. Certainly, if you would like, please feel free to email or call me to further discuss the particulars of your situation (as many times it is not a good idea to provide a lot of information about your case on a public forum). * Hacker Murphy, LLP * 518.213.0115 * Rfinn@hackermurphy.com * http://www.hackermurphy.com/Attorneys/Ryan-M-Finn.shtml * Hacker Murphy serves clients throughout New York State (including New York City and Long Island). *