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calejo401
02-07-2007, 09:23 PM
Hi, I have a couple questions:

1. If my boss has a demeaning behavior and she made personal comments about my appearance (she told me my hair was bushy) is that some form of harassment or anything punishible by law?

2. If I suffer from depression and I believe that it is clouding my judgement at work causing me to make errors that I normally would not do, would this qualify as a disability and therefore my boss would not be able to fire me? Even if it does not qualify as a disability, would they be able to fire me because a medical condition is keeping me from doing my job? I've been on medication for 6 years.

3. If my boss is reprimanding me for things and other employees are doing the same things and not being reprimanded, is this discrimination?

Thanks

cbg
02-07-2007, 09:37 PM
1.) No. Being told your hair is bushy does not come even remotely close to any form of harassment.

2.) No. While it *might* qualify as a disability, it would not protect you from being fired. The employer does not have to accept sub-standard work or allow you to make more mistakes than other employees. The ADA does not say that you cannot be fired at all; only that (a.) you cannot be fired BECAUSE you have a disability and (b.) IF your disability qualifies for ADA protection (not all do), your employer is required to provide a reasonable accomodation to help you perform the essential functions of your position. If you continue to make mistakes, you can be fired just like anyone else.

3.) Not necessarily. It would depend on WHY you were reprimanded when others were not.

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