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I am currently employed by a federally regulated company and am on short-term disability (STD) leave. During my STD leave, I submitted a workplace harassment and violence complaint to the company’s HR department.
However, HR informed me that based on an assessment report from the insurance company, proceeding with my complaint would negatively impact my health. As a result, they have decided to hold off on processing my complaint. Unless I submit a doctor’s note confirming that handling the complaint will not affect my health, then they will proceed my complaint
I am concerned about the legality of this requirement and whether the company is obligated to continue handling my harassment complaint regardless of my medical leave status.
Could you please advise:
Whether HR’s actions in delaying the complaint until a medical note is provided constitute a serious violation of the law?
Whether this situation amounts to disability discrimination?
Thank you very much for your time and assistance.
The employer should handle the harassment complaint now, but they are right to ensure that you can participate medically.