Mr. Grant is correct. You must document everything that was said to you in meetings with your supervisor and any co-workers about your performance. You must document all incidents of harassment with dates and times and witnesses. Also, document your work performance. If this manager wants to fire you, she has to build a documented case against you through progressive warnings. But she must also afford you the opportunity to improve your performance. Get that in writing too. What does she expect you to do and her goals to assist you in performing to the required level of performance? Don't be surprised if a negative performance evaluation will be issued to you. You must document your day to day activities and the work that was done. Find out now about your employers performance appraisal grievance system. If you should receive a negative evaluation, I suggest you contest it. But you must have documentation. Also, if you have a disability, your employer is required to provide a reasonable accomodation under the American with Disabilities Act. You must be a qualified person with a disability that affects a major life activity. If you have a documented disability, you may be protected under the EEOC laws because of your disability. If you should file an EEOC complaint against your employer because of a disability, and your employer harasses you they could be liable for retailation. Sometimes to protect your job you may have to go that route. They may stop harassing you for a while. I have experienced what you are currently going through and it's a terrible experience. The best advice I can give you is to consider working on your skills and bringing your performance up and look for a new job. You can fight the system but employers have more money than you and will drag this out for years. If you choose this route, (to file a complaint or sue) expect more harassment from your employer. Your manager will get your co-workers to also harass you and they may even bring in a third party manager to conduct the harassment. The idea is to wear you down so you will leave. Once it gets to the EEO,grievance level, or court it just gets worse after that. I filed an EEO complaint against my former employer 5 years ago for disability/race/retaliation discrimination and I experienced everything other people who were once in my situation experienced. After the complaint was filed, my boss no longer openly harassed me but did it covertly. She used my co-workers to document her side of the story, she got customers to write complaints, and management backed her all the way. The only thing that might have helped me hold on to my job is that I documented her behavior all the way up the chain of command and I documented my work performance. I got everything in writing even good comments about my work performance. I even had my medical doctor, therapist, and EAP write letters to my supervisor and employer about making reasonable accomodations and make repeated requests for ceasing the harassment to document that I was harassed. Disability discrimination is very tricky. The problem exists in the term "qualified person with a disability that affects a major life activity." If you can't prove that you are a "qualified person with a disability that affects a major life activity" your case is weak. I endured 3 years of harassment from my employer after filing my complaint. I filed another complaint for retaliation. And also, lawyers are expensive. When I first hired my attorney, he was very enthusiatic about my case, but after my employer's attorney continued to use delaying tactics to stall my attorney, he became more and more insistent on receiving money up front. This happens to EVERYONE who files a lawsuit against their employer. It's common. Think clearly, are you prepared to spend $5000 - $10000 or more on attorney's fees. Very rarely will employment attorneys take on cases for contingency fees if your case is not a winner. And the many non-profit organizations out there to help us are overburdened with cases. If you choose to file for disability discrimination, your medical records and emotional stability will be brought up in court. The opposition has every right to examine your medical records because its an issue relevant to your situation. But it will not be used to assist you. They will use it against you if you decide to take it to court. This also includes any mental illness, too. The goal is to make you appear incompetent, crazy, or violent. I'm not trying to discourage you, but you must think clearly. Are you prepared for the emotional and financial trauma that you will be engaged in for the next several years of your life over this issue. Standing up for your rights is not for the faint at heart. You must be realistic about the costs associated with this. There is an emotional cost and a financial cost to it. If I had the chance to do it all over again, I would have opted to find another job or do what I'm doing now, prepare for a career that I love. Good Luck!
