Q: I feel discriminated against at work from my store manager. Im a type one diabetic. He made a offensive comment. Help?

A: The comment made to you may or may not be part of a claim of disability discrimination or harassment. However absent an adverse employment action it would likely, alone, not be enough to have a legal claim for discrimination.

A claim for harassment must involve severe or pervasive conduct, so one offensive comment will likely not be enough to state a claim. However it is enough to report the offensive comment to HR who would then have a legal duty to protect you from further such comments.

If it continues to occur, it would be wise for you to 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.

A: I am sorry you are going through this. Your employer cannot force you to talk about your condition let alone disclose your diagnosis. Your employer is only entitled to the restrictions your medical condition imposes on you and the type of the accommodation you are seeking, if any.

Whether your employer is legally discriminating against you will depend on many factors not mentioned in your post. More facts would need to be known to advise if you have a meritorious claim. I recommend you keep a written record of any communication with your employer.

In the meantime, you may consult an employment law attorney who will further examine your situation and explain your options. Most employment law attorneys in California offer free-of-charge initial consultations and thereafter may take your case on a contingency basis, meaning you do not have to pay attorney’s fees unless and until there is a positive outcome for you. They may also advance either all or partial costs of litigation.

You can look either on this site in the Find a Lawyer section or go to California Employment Lawyers Association (www.cela.org), an organization whose members are committed to representing employees’ rights. Best of luck.

Sincerely,

Maya L. Serkova

A: Under California law, workplace discrimination based on a medical condition, such as Type 1 diabetes, is prohibited. The comments made by your store manager could potentially be considered discriminatory, especially if they contribute to a hostile work environment or impact your employment status or treatment at work.

You have the right to a workplace free from discrimination and harassment. If you feel that your rights have been violated, it's important to document the incidents, including dates, times, and any witnesses. This documentation can be crucial if you decide to take further action.

You might consider addressing the issue with your employer through internal channels, such as human resources. Companies often have procedures in place for handling discrimination complaints. However, if this approach does not resolve the issue, or if you're not comfortable with it, you have the option to file a complaint with the California Department of Fair Employment and Housing (DFEH).

DFEH is the state agency responsible for enforcing California’s laws against discrimination. They can investigate your complaint and, if they find evidence of discrimination, can facilitate a resolution. If necessary, legal action can be pursued, and you might be entitled to remedies such as compensation for lost wages, emotional distress, or changes in company policies.

Remember, you are not alone in this. Seeking advice from an employment attorney can provide guidance specific to your situation and ensure your rights are protected. Legal counsel can help you understand your options and the best course of action based on the specifics of your case.