My question involves defamation in the state of: Colorado
A coworker (and to a lesser extent his friend/office mate) is spreading a rumor that I have a mental illness to the rest of the office.
A year back he made a filed a formal complaint which prompted an internal investigation. Nothing came of it, as his accusations turned out to be false or not against company policy. But it wasn't without dragging my name through the mud and socially isolating me for a bit.
Since that time, he has been obsessively documenting and keeping tabs on me. When I come in, when I take a break.
I have blocked him on all networking sites because of his stalking.
He has been relentlessly rumor mongering for over a year now. Since he has no authority over me, he can't really retaliate or do anything himself. It's more trying to manipulate the boss to discredit everything I do. My boss has been really good about judging me based on what he himself sees instead of what my coworker tells him.
However his latest escapade is insisting I have ADHD to the rest of the office, particularly management. Unless has actually studied ADHD, it's misunderstood as never paying attention to anything ever and people with it certainly should not be trusted with big high stake responsibilities.
The problem is, I actually do have it and have been being treated for it for quite some time. I manage it properly and it hasn't ever caused any problems at work. I keep it a secret, only family and one outside friend know about it.
I have never mentioned this to him. When he tried bring the subject up a few years ago, I told him I didn't have it. The problem is, he's really clinging onto this one. He's telling coworkers I'm taking medication, and that me drinking water is proof because the medication can make you thirsty (I only drink 2 glasses a day, that's not the point). He's insisting that me taking prescription medication is giving me an unfair advantage over everyone else (I wish!!).
Since I told him I don't have ADHD, is it still defamation?
Also, I'm worried that if he escalates this and contacts HR to report "drug abuse", I'll be drug tested. I know it will come up positive, and I can easily clear it with a copy of my prescription. But if I'm drug tested, will they tell my employers what prescription medications I'm taking?
Then if I'm treated unfairly after that, can I go after my coworker for damages for spreading the rumor in the first place? Or does it turn into a work place discrimination case?
Part of the reason I'm worried about telling my manager about this is I don't want him to know I have ADHD. It's really not a label you want slapped on you in the work place. Also, this coworker would never let it go if he had confirmation, and he would use it to gain credibility about everything else he was spreading. I have worked really hard to show everyone the rumors are false by being a hard worker and being friendly to show I'm not the demon he keeps making me out to be. Giving him ammo would just undo everything, and I would realistically have to find a new job if I didn't want to be miserable for the foreseeable future.
If I lie and say this coworker is spreading misinformation about me, it will most likely come back and bite me in the @ss.
If I go in and say he's spreading rumors and want him to stop, the inevitable "do you have it?" will come up. Really, any answer other than a no will sound defensive and be interpreted as a yes.
So basically, is there anything I can do now before it escalates without letting my boss know I have ADHD? Or if it escalates what can I do about it, if anything?
Thanks for reading!

