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I am on FMLA and being harassed by co-workers, can they do this legally?

Worcester, MA |

I have gone to supervisor, and no action has been taken. I also feel that my HR has purposely kept me from benefits, by claiming she made mistakes. I was also sent for a second opinion on my FMLA while I was awaiting surgery. I had just reported an injury at the time. my employer did not fill out accident report. I went to ER following Monday had MRI and learned of my new injury, my employer said he not filing cause its pre existing. Doc says its RSI, I have been with the company 18yrs. I'm 40yrs old, the FMLA is from a childhood disease, I had my whole life, suspended me on paper, and was facing termination if I didn't go to second opinion and had operation. I work with all men and I am female, The comments are brutal, and some sexual, mostly dissibility related. How do I stop it?

I contacted DOL only question they were interested in was if they ever stopped me from receiving medical attention. I answered no, technically they didn't, I never heard from DOL again. As for the harassment, unless I want my name plastered all over the news, and ever get a job in a 50 mile radius, I have to deal with it I guess.

Attorney Answers 4


  1. FMLA makes it unlawful for any employer to interfere with, restrain, or deny the exercise of any right provided under FMLA and discharge or discriminate against any person for opposing any practice made unlawful by FMLA or for involvement in any proceeding under or relating to FMLA.

    An employee may file a complaint with the U.S. Department of Labor or may bring a private lawsuit against an employer to enforce their rights.

    You may also have a claim for sexual harassment, depending on the circumstances. You would be well advised to contact an employment attorney.


  2. I am sorry to hear about your situation. You have presented a complicated set of facts, and you would be well-advised to speak with an employment attorney to discuss what recourse you may have. An employer may not retaliate against an employee for taking protected action, such as FMLA. Further, your comments about how you are being treated by your co-workers raises the potential issues of sexual harassment and a hostile work environment if your employer is aware of it and has not done anything to rectify the situation. Good luck!

    This is intended for general informational purposes only and does not constitute legal advice. The content of this site may not reflect the most current legal developments. Do not consider this site to be a substitute for obtaining legal advice from a qualified attorney licensed in your state or country, and do not act or refrain from acting on the basis of the information contained herein. I am not responsible for any errors or omission in the content of this site or for damages arising from the use of this site under any circumstances. This does not create an attorney-client relationship.


  3. You need to locate and meet with an attorney who specializes in FMLA and employment law cases. The Avvo website is a great place to start your search.

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  4. More information is needed to properly evaluate. Contact a local employment lawyer to discuss in detail.

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