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.
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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.
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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.
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