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Old 06-20-2008, 01:33 PM #1
dizzie lizzy dizzie lizzy is offline
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Default Disability Act _ Harrassment

Does anybody know what the legal test is to qualify as a hostile work environment in retaliation for taking time when ill under the Disability Act?
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Old 06-21-2008, 04:28 AM #2
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Great question. Terrible situation to be in
Have you done some digging to see if your state has a Information and Assistance Unit as a part of the Division of Workers' Compensation? (I'm using California terms- your state might have different wording)
I would start with the Division of Workers' Compensation website and do some digging until you find an advocate department of some sort to give you a clear idea of how to proceed.
Good luck!!
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Old 06-21-2008, 01:29 PM #3
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Quote:
Originally Posted by dizzie lizzy View Post
Does anybody know what the legal test is to qualify as a hostile work environment in retaliation for taking time when ill under the Disability Act?

Are you speaking of ADA, FMLA, or worker's compensation?
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Old 06-23-2008, 04:54 PM #4
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Are you speaking of ADA, FMLA, or worker's compensation?
I am referring to ADA since my employer is not covered under FMLA. I can't find anything for NYS on worker's comp.
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Old 06-23-2008, 07:01 PM #5
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I found this by googling "ADA harassment"

http://www.acdl.com/pdfs/E8.pdf

http://www.nysscpa.org/trustedprof/a...0701/1Tp9a.htm

And there are more. . . .
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