Q: I'm having some serious issues with my manager. I need to know if these actions are grounds to take legal action
She told me I cannot use the bathroom when it was an emergent situation due to me knocking on the door and it was annoying her. She also told me I need to take my medical alert bracelet off when I'm working because it gets in the way of performing my job.
A: While there is no general claim for harassment in the workplace, you cannot be harassed or treated differently than other employees based on a protected class characteristic (i.e. race, sex, age, disability, religion). If you believe your manager's conduct is connected to any of these protected class characteristics, you should contact a North Carolina employment attorney to discuss your situation in further detail.
An employee who has a disability (as defined by law) may be entitled to reasonable accommodations. However, accommodations may not be reasonable if they would be burdensome to the employer.
An employer who knows an employee has a disability may be required to initiate an "interactive process" to evaluate options for accommodations. However, if the employee doesn't request accommodations, the employer may claim that they didn't know about the disability.
Many laws related to disability require the employee to act fast. For example, if the employee must file a charge with the EEOC, typical EEOC time limits are 180 days after an act or failure to act.
A knowledgeable attorney can help assess which laws might apply and what options might be best.
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