I am disabled with ADD, depression, anxiety disorder, and migraine headaches. My supervisor wrote up a plan that I must follow or be fired. The goals are unrealistic and have no real backup. She falsely accused me of things I did not do or was not aware of (no policy in place). I also had no forewarning before the accusation. She wants me to increase production by 3% (no one else has to do this). I believe this is due to retaliation. I had a grievience meeting about her bullying (which is not illegal).
I agree that this certainly does sound like retaliation, and with the issues you've outlined, there is a chance more could be there as well. For those reasons, I would first advise you to meet with an employment law attorney about your situation to see if there is something that can be done.
The issue with retaliation is that, for it to be actionable, it has to be in response to a complaint about discrimination. Whether what you complain about technically is or isn't discrimination doesn't matter. What matters is that you subjectively believe that you are complaining about discrimination, that you at least convey that in your complaint, and that the individual you are complaining to understands your complaint to be regarding discrimination.
You stated here that your complaint was simply regarding "bullying," which I'm glad to see you know is not illegal. However, the contents of your complaint could have taken it beyond the realm of "bullying" and into something that is protected, such as disability discrimination, etc. So, there is a potential for your complaint to have been protected, resulting in the retaliatory actions of your supervisor being actionable. However, finding out that answer will again necessitate you speaking with an employment lawyer about your situation.
I hope that helped answer your question. Feel free to follow up by leaving a comment if you have further questions or if my response wasn't what you were looking for.
James A. Walcheske
Walcheske & Luzi, LLC
This answer was provided for general informational purposes only, and should not be construed or interpreted as providing legal advice or as creating an attorney-client relationship.
I agree with James. You have a shot on retaliation theory, assuming you had previously alleged disability discrimination (or discrimination in a like form).
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