Legal Question in Discrimination Law in Indiana
Unfair Treatment at work place/discrimination
Advice is needed on a situation that occurred on July.4th at my job. The story goes as follows: I was falsely accused by a co-worker, a fellow nurse ( caucasian male) of smelling like beer. Apparently he told facility manager ( Caucasian female) and she approached me asking'' have u been drinking'' I stated no. in turn she stated '' I received complaint from someone of smelling beer on u and I've spoken with the administrator via phone & according to policy u gotta go home''. I stated '' that person must be smelling my cologne I'm not going home...I need to speak with administration''. Spoke with administrator demanded & insisted on being sent somewhere for testing to clear my name. Went to hosp had alcohol/drug testing done everything negative. Issue is they did not follow proper procedure. Administration was quick to take his word over mine, had I not insisted on testing I would of gotten terminated & nursing license would of been jeopardized . Proper procedure for suspected substance abuse by employee on any job is immediately send employee for testing not directly home. Question is do I have case for discrimination or unfair treatment at the workplace.
1 Answer from Attorneys
Re: Unfair Treatment at work place/discrimination
You might have one. If it's the only incident, then probably not. However, if there are facts that would indicate that the administrator and that male employee are somehow involved in trying to set you up, there might be more to it. But, proving such things can be extremely difficult.
However, you may have a cause of action against that male employee. It really depends on the cologne and whether or not it was a reasonable mistake on his part.
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