Seeking legal advice on filing retaliation, ADA discrimination, and constructive dismissal claims.

Question

I filed a formal complaint against my supervisor for preferential treatment last year, which resulted in immediate retaliation, including disciplinary action, attempts to covertly replace me, exclusion from key team functions, and a harmful return-to-office policy. This affected my mental health, necessitating increased medication. Although I had the ability to prove disability, my accommodation requests were acknowledged briefly, and my follow-up attempts were ignored. A delayed meeting regarding a raise and workplace concerns did not resolve issues. When I raised accommodations again, I was asked for a doctor’s note and learned of a colleague’s promotion. HR dismissed my grievances and denied my severance request, potentially with falsified responses from their legal team. I’m preparing a dual state/federal filing for Retaliation, ADA Discrimination, and Constructive Dismissal, supported by correspondence, metadata, and medical evidence. The incidents began in mid-July 2024, leading to my resignation on March 3rd, 2025. I have consulted several lawyers, one citing lack of time for a complex case, and I have witness support.

Robert Grant Pennell · Answer

You haven’t actually asked a question, but I will attempt to provide some general information regarding discrimination claims.  
 
You indicate you filed a complaint against your boss for preferential treatment. That is just another way of saying discrimination, so what was the basis for the discrimination? You need to understand that discriminating against you is only illegal if it is based on you being a member of a protected class. The protected classes are race, age (40+), sex, religion, national origin, and disability. An employer can discriminate against employees on any basis so long as it is not BECAUSE the employee is a member of a protected class. So I can treat you badly because you are a Cubs fan, your taste in music, the sound of your voice, etc. I just can’t do so because of your race, sex, age, religion, national origin, or disability. Similarly, if the complaint of preferential treatment wasn’t based on a protected class, then retaliation isn’t legally prohibited. 
 
You said you asked about accommodations for your disability, and that you were asked to provide a doctor’s note. To obtain a reasonable accommodation under the ADA, you must make a formal request which will require your doctor to provide detailed information about any specific accommodation sought.  
 
You mention the employer refused your severance request, but no one is entitled to severance unless they have an employment contract in writing providing for severance. While companies sometimes offer severance, it is seldom obligated to do so. 
 
I lack sufficient information of your situation to say whether or not you have a viable case. The above reflects the general legal principles at issue. If based on your review of the above you feel you have evidence of the employer violating your rights, I suggest you consult with an employment attorney who primarily represents employees to discuss your case.

James L. Arrasmith · Answer

Your situation sounds incredibly challenging, and I hear how much stress you've endured through this process. Facing retaliation after filing a complaint, dealing with unaddressed accommodation requests, and experiencing what appears to be systematic exclusion would take a toll on anyone's wellbeing. 
 
The timeline you've outlined (July 2024 to March 2025) falls within most filing deadlines for both state and federal claims, which is important as you move forward. Your documentation of correspondence, metadata, and medical evidence strengthens your position considerably for the three claims you're preparing. The difficulty finding legal representation may relate to the complexity of your case, but doesn't diminish its validity. 
 
Moving forward, you might consider reaching out to your state's Equal Employment Opportunity office or the Department of Labor for guidance while continuing to seek legal representation. Employment rights advocacy groups sometimes offer free consultations or can recommend attorneys who handle complex workplace discrimination cases. Your thorough documentation and witness support give you good foundation - trust your instincts about what happened to you, as workplace discrimination often follows patterns that authorities recognize.

Q: Seeking legal advice on filing retaliation, ADA discrimination, and constructive dismissal claims.