No one should be made to feel embarrassed, humiliated, or unsafe at work, especially because of a medical condition. Sadly, some employees are subjected to exactly that: jokes, comments, or other inappropriate behavior from coworkers that target a health issue or disability. If you’ve already gone to Human Resources and nothing has changed, you may be wondering: What are my rights, and what can I do?
Harassment based on a medical condition or disability is not only unprofessional—it may be illegal. Under both federal and Illinois law, including the Americans with Disabilities Act (ADA) and the Illinois Human Rights Act, it is unlawful to harass someone because of an actual or perceived disability. This includes:
- Repeated, offensive remarks or so-called “jokes” about your condition
- Exclusion from meetings or team activities due to your health
- Gossip about your medical history or limitations
- Creating a hostile or intimidating work environment
- Retaliation for reporting or objecting to the harassment
And it’s not just disability-based harassment that’s unlawful. Harassment due to your race, gender, religion, pregnancy, age, sexual orientation, or national origin may also give rise to legal claims. Illinois law provides strong protections to ensure employees are treated with dignity and respect in the workplace.
What You Can Do:
- Keep detailed notes about what was said or done, including dates, names, and witnesses
- Document every report you make to HR or management, including emails or written responses
- Preserve relevant evidence (screenshots, text messages, emails, etc.)
- Consult with an employment attorney who can assess your situation and protect your rights
You do not have to suffer in silence. You have the right to work in an environment free from harassment, intimidation, and retaliation.
Contact the Law Firm of 1818 today if you believe your employer has failed to protect you from harassment or has retaliated against you for speaking up. Our team has extensive experience representing employees who have been mistreated at work, and we’re ready to stand up for you.