Legal Question in Disability Law in California

Depression as a disability

I recently informed my employer of a few instances of what I believed to be sexual harrasment by someone who while not technically my supervisor is someone ''higher up the ladder'' then me at the office. HR stated that the unwanted and inappropriate instance of touching I stated had occured was not done in a sexual way but rather out of sympathy for an accident I had been in even though there had been other instances of inappropriate behavior by this woman. I have started seeking counseling for depression because of this and have started taking meds. I find it extremely difficult to go into work. If they say I must come in rather then work from home is this legal? Also what if they say my depression is from the accident I was in rather then the harrasment? The harrasment started well before the accident. I was hired as a disabled veteran due to a knee injury. Am I in a protective category because of this? Thank you.


Asked on 6/19/07, 5:43 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Re: Depression as a disability

If you are subjected to illegal sexual harassment and the employer fails to reasonably remedy the situation after an investigation and confirmation of your allegations, you then could bring legal action. You must be able to prove what happened through witnesses or other evidence, and it must actually fit the legal guidelines for 'sexual harassment', not a mistaken perception of some innocent act of sympathy. Your response to the situation may, or may not, be appropriate and reasonable; the circumstances and facts will determine that. With all that in mind, if you believe you have a valid and provable claim, then feel free to contact me to discuss.

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Answered on 6/20/07, 8:13 pm


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