Legal Question in Disability Law in New York
Harassment based upon disability
A coworker (support staff, I am an executive) to whom I have explained on several occasions, that my hearing is far from perfect (I have this documented), made a remark, after I explained it again today, to the effect ''How come I can hear YOU yapping all the time?''. I simply responded that perhaps her hearing is better. Is her constant refusal to walk over and communicate, her insistence on my getting up to hear the conversation, and this last jibe a violation of NY State Harassment law as it pertains to protection on account of disability?
2 Answers from Attorneys
Re: Harassment based upon disability
A creative lawyer could make a legally sufficient comlaint under these facts, but you need more information/facts showing that this harassment is encouraged by an executive and designed to have an adverse impact on your position.
Re: Harassment based upon disability
Not really; if the situation were reversed perhaps,
but more facts would be necessary.
Generally, in order to be actionable, discriminatory employment action must materialy alter the person's employment in an adverse manner.
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