Q: What constitutes a hostile workplace environment? Can you be fired for having an illness such as diabetes?
I made my boss aware that I have recently been diagnosed with Type 1 diabetes. He was recently promoted to Chief of Police. Since his new promotion he has been an overbearing micro manager, requiring me to be at my desk at all times, have a cell phone with me when I am not and even take the phone with me into the ladies room. He is very involved in my day to day work tasks, however, when I request assistance or need information, he intentionally avoids giving me help. With my condition, I have lost over 30 lbs and have been very sick. I would like to know what rights I have if any to provide remedy to this unpleasant situation.
A:
Being fired because you have diabetes would most likely be a violation of the FEHA and the ADA. Key word is "because," unless your diabetes renders you unable to perform the essential functions of your job. It certainly sounds like the Chief is harassing you on the job, but where is the connection between the harassment and your diabetes? Just because you told him does not establish that causal connection. Has he said anything negative about the diabetes or people with long term illnesses, or has he criticized your work as worse since you told him you have diabetes, or has he commented on a diabetic appearance? Employers become very sly about hiding their true prejudices and make up all kind of non connected reasons for what they do. But sometimes they are not clever, or they are too egotistical and they let their true feelings slip. Contact a local employment right in the government sector attorney as soon as possible to develop a game plan.
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A:
What you can do immediately is go to the EEO office at your employer and get advice. Next I suggest you go to the California Department of Fair Employment and Housing (DFEH) website [https://www.dfeh.ca.gov/], click the link for Complaints, and follow the instructions on how to file your complaint. You can do this yourself, but if you feel you need the advice of a lawyer, you can find any number of qualified attorneys in your area if you go to the California Employment Lawyers Association website (CELA) [https://cela.org/] and do your search there. You can also go to your local county's Bar Association website to their Lawyers Referral Service (LRS) and ask them to direct you to a competent lawyer who handles discrimination cases under California law.
Good luck.
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