Workplace Harassment Legal Advice
Summary
Jane is facing workplace harassment due to alleged body odor issues. Despite providing medical evidence from doctors stating no health issues, she has been suspended without pay. She has been advised to seek legal help as the next suspension could lead to termination. She has been advised to file a complaint with the New York State Division of Human Rights, as her situation could be considered harassment based on personal characteristics, which is illegal in New York.Full Conversation
work related
What specific work-related issue are you facing, ****? Is it related to discrimination, harassment, wrongful termination, or something else?
I feel harassment
I'm sorry to hear that, ****. Can you provide more details about the harassment? Is it verbal, physical, or sexual in nature?
complaints regarding hygiene
What actions have been taken by your employer regarding your hygiene complaints?
In New York, employers are required to provide a safe and healthy work environment. If they fail to do so, you may have a legal claim.
In New York, employers are required to provide a safe and healthy work environment. If they fail to do so, you may have a legal claim.
The work is saying I have a body odor and I have gone to several drs regarding this and there was no finding and I even gave the job letters stating this but to no avail. I have been suspended from work place and the next suspension will be termination if nothing is done
Have you discussed this issue with your HR department or a supervisor?
In New York, it's illegal to harass an employee based on personal characteristics. If you've been suspended unfairly, you may have a case.
In New York, it's illegal to harass an employee based on personal characteristics. If you've been suspended unfairly, you may have a case.
yes numerous times
I'm sorry to hear about your situation. Have you considered filing a complaint with the New York State Division of Human Rights?
i I don’t know what to do but someone advised me to get lawyer cause they feel this is harassment
What evidence do you have to support your claim?
In New York, evidence can be crucial in proving harassment. This can include emails, text messages, or witness testimonies.
In New York, evidence can be crucial in proving harassment. This can include emails, text messages, or witness testimonies.
letters from primary dr and dermatologists
Have you shared these medical letters with your employer? In New York, such documents can be crucial evidence in harassment cases.
yes
What was your employer's response after you shared the medical letters?
nothing just sending me home without pay
What is the duration of your suspension? In New York, unpaid suspensions can be considered wage theft if not handled properly.
this one is for 5 days
In New York, suspensions without pay are legal, but only under certain conditions. Have you received a written notice about your suspension?
yes
What does the written notice state about the reason for your suspension?
for the body odor and me not doing nothing to correct problems and when I go back to work on Wednesday they expect a change
Have you considered filing a complaint with the New York State Division of Human Rights? They handle cases of workplace harassment and discrimination.
i didn’t know what was my next step and I want to get legal advice so what I can do next so I don’t loose my job of 32 years
Have you documented the instances of harassment and the actions you've taken to address the issue? This could be crucial for your case.
i have letters from drs
What do these letters from your doctors state about your condition?
they have not found anything to be wrong
What actions have you taken to address the issue at your workplace after receiving these letters from your doctors?
just keep going to dr and explaining my situation
Have you considered filing a complaint with the New York State Division of Human Rights? They handle cases of workplace harassment and discrimination. Their contact details are: *-*-*-*.
I would like to file
That's a good step. To file a complaint with the New York State Division of Human Rights, you can visit their website or call them at *-*-*-*.
ok thank you
You're welcome, ****. If you need further assistance, feel free to reach out. Good luck with your case.