Legal Question in Disability Law in Pennsylvania
forced demotion without cause
i was demoted when my supervisor became aware of my anxiety-panic disorder. i was told that the demotion had nothing to do with performance, but was based solely on our conversation regarding my condition. i would like to file a suit against the company and against my direct supervisor personally. please give me some inputabout my options
2 Answers from Attorneys
Re: forced demotion without cause
It sounds like you were being discriminated due to a disability. You would have recourse by filing a complaint with the PHRC or EEOC under the proper circumstances. If you would like to consult further do not hesitate to call
Re: forced demotion without cause
You asked about filing suit with regard to a demotion in connection with a disability.
You are correct that you may have recourse with regard to adverse action in connection with your employment.
I really enjoy disability claims as it is an area of the law where the law really can make a difference in a person's life.
Call me on Tuesday and we can discuss how to proceed. Generally you must hold this claim against the employer. You probably won't be able to file suit against your supervisor unless s/he acted purposefully with adverse regard for your rights and against company policy. More often supervisors act out of ignorance in taking such adverse actions rather than out of malice.
Again, call me on Tuesday and we can discuss this matter.
Regards,
Roger