Legal Question in Employment Law in New York

Can i get disability

In 1987 I worked for the city of new york at Queens Hospital center as an x-ray tech. I was sent to a gyn doctor in the emergency room where a nurse coworker acted inappropriately and stuck her head between my legs. This set off a chain of objectionable behavior by my coworkers reinforcing the degrading behavior and attitude towards me not mention the lack of privacy I was subjected to. It was more an attempt to control me at work rather than a sincere regard for my health. As a result I've suffered severe emotional problems and grinding of my teeth down to nothing as well as chewing up non items such as soda cans. The behavior is very embarassing so I don't discuss it with anyone including my employer. People will stare at me when they see this bevior which has not stopped since then, or they will move away from me on the train. I feel that after giving myself a chance all this time I need to give up working and go out on disability. Do you think this is possible? Shouln't my employer at the time have offerred me worker's comp or disability? What recourse do I have? I feel hopeless.


Asked on 7/30/06, 8:43 am

1 Answer from Attorneys
Mark S. Moroknek Kelly & Curtis, PLLC.

Re: Can i get disability

What you partly describe could well have been the basis for a sexual harassment claim but it is too late to do anything about it it if it took place in 1987. You would have had 300 days to file a complaint after greiving it with the union (if you were a member of a union), with the EEOC or Division of Human Rights.

If you are still working and there is an ongoing pattern of such behavior, file a complaint with the State Division of Human Rights or City Human Rights Commission, and request dual filing with the EEOC. They will inestigate.

If you need time off from work and you do not have disability, take a FMLA leave. If it is denied, file a complaint about that.

Sexually intimidating or inappropriate behavior

by an employer or co-employee falls into the category of offense known as employment discrimination; it would have also required an "adverse employment action" such as termination, suspension, demotion....etc.

Read more
Answered on 7/30/06, 12:28 pm


Related Questions & Answers

More Labor and Employment Law questions and answers in New York