Legal Question in Medical Leave in California

am I protected from harassment by my coworkers for using Family Leave for my own serious illness? I use it on an intermittent basis and always get remarks from one individual.

Asked on 10/06/10, 6:51 pm

2 Answers from Attorneys

Aryeh Leichter Leichter Law Firm, APC

For harassment to be actionable, the remarks have to be severe or pervasive enough to alter the conditions of your employment and/or create a hostile or abusive work environment. Stray remarks will usually not be sufficient. Please give me a call (213-381-6557) or send me an email ([email protected]) if you would like to discuss the matter further.

All the best,


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Answered on 10/11/10, 7:01 pm
Terry A. Nelson Nelson & Lawless

An 'employer' can not discriminate or retaliate. If you are soft skinned and offended by peers comments, you could complain to mgmt and request they protect your feelings. Perhaps they could issue a memorandum explaining the law and advising not to say hurtful things. Only if the conduct is substantially outrageous and allowed to continue without mgmt intervention would you have a legitimate claim for violation. If so, then feel free to contact me.

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Answered on 10/12/10, 10:29 am

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