If employee is was harassed and retaliated against for the 2nd time by the same employer does that help your case?

Question

In the first instance a complaint was made to HR and then the Chief Talent Officer, senior counsel investigated and the Manager was terminated. The employee was transferred to another agency brand/business unit and experienced the same issues with the 2nd Supervisor. In the 2nd scenario, the employee elevated complaint to HR about harassment and sabotage by Director who was responsible for delegating work but employee did not report into. The employee elevated complaint to immediate supervisor following a phone conversation where Director was harassing her and it caused employee w hypersensitivity to have a trauma response (vomiting/migraine) after interactijb. Immediate supervisor elevated to HR and when the plaintiff spoke to HR, she asked for an accommodation to limit exposure to Director as it exacerbated ptsd. HR ignored complaint and no consequences were issues to Director. The employee has a disability, the employer was aware and the complaint was for unlawful discrimination.

Neil Pedersen · Answer

It depends on what kind of case you are talking about. 
 
If you are talking about your ability to convince the company to do something about what you perceive to be wrongful conduct, then yes, perhaps reporting a second occurrence might help your "case."  There are many companies that will protect employees against unreasonable or unfair conduct by other employees even if the conduct is not unlawful. 
 
If you are talking about a legal claim, then it really depends on the motivation for the complained-about conduct.  If the conduct is not motivated by either your membership in a  protected class of people or because you had engaged in legally protected conduct, it does not matter how many times it happens and you complain about it, there would be no legal claim. 
 
The only part of your post that suggests membership in a protected class of people is where you address your PTSD.  However the law is clear that moving you to another supervisor is not, as a matter of law, a reasonable accommodation. 
 
If there is a way to address that disability in a manner that would allow you to continue to perform the essential functions of your job in a way that does not create an undue hardship on the employer, then the best approach would be to get a doctor's note indicating that you have a condition you are being treated for and requesting the reasonable accommodation the doctor recommends.  Frankly, with such little information it is hard to determine if there is an accommodation other than being moved from your present supervisor, which as I said is not available to you. 
 
You might benefit from a confidential and specific consultation with an attorney who knows this area of law.  Therefore you should locate and consult with an experienced employment law attorney as soon as possible to explore your facts and determine your options.  I would suggest you look either on this site, or go to www.cela.org, the home page for the California Employment Lawyers Association, an organization whose members are dedicated to the representation of employees against their employers. 
   
Most employment attorneys who practice this area of law offer a free or low cost consultation in the beginning and then, if the matter has merit and value, will usually agree to work on a contingency basis, meaning you can hire an attorney without paying any money until the matter results in a positive outcome for you. Many advance all the costs of the litigation as well. Do not let fear of fees and costs keep you from finding a good attorney. 
   
Good luck to you.

Q: If employee is was harassed and retaliated against for the 2nd time by the same employer does that help your case?