If you have been diagnosed with bipolar disorder and lost your job, you may have grounds to sue your employer for disability discrimination. Employers in California are prohibited from making employment decisions on the basis of an employee’s disability. This is a direct violation of the federal government’s Americans with Disabilities Act of 1990, as well as the employment laws in California. Our team of workplace discrimination lawyers can help you prove a case of wrongful termination and recover maximum payment from your employer.
The legal process begins with a free consultation, as you are likely to have questions about rights, which may include:
- Can I be fired if I have depression and other symptoms of bipolar disorder?
- Is bipolar disorder a disability under the Americans with Disabilities Act (ADA)?
- I needed time off from work because I have bipolar disorder. Is it legal for my boss to fire me?
- Do I have to tell my employer that I am diagnosed with bipolar disorder?
Laws that Protect Workers with Bipolar Disorder
One of the laws that protect employees suffering from bipolar disorder is the Americans with Disabilities Act of 1990. This law provides protection against discrimination by employers based on protected characteristics, which include disability. However, the definition of a disability changed over time to “invisible” conditions, and in 2008, mental health disorders like depression and bipolar disorder were officially classified as disabilities under the ADA.
At this point, you may be wondering about the protections offered by the ADA and how they can help you. If you work for an employer with at least 15 employees, you are protected from discriminatory treatment based on a mental illness. This is based on the fact that bipolar disorder causes you to have extreme changes in mood and energy levels. As a result, your ability to perform daily tasks, including your job duties, may be significantly compromised. This is likely to happen when you are in a depressive state, which is characterized by symptoms like fatigue, suicidal thoughts, trouble concentrating, and insomnia.
¿Qué es la discriminación laboral?
Discrimination in the workplace occurs when employees are subjected to unfair or different treatment solely on the basis of a protected trait, as classified by federal and state anti-discrimination laws. With employees that are disabled, the employer may assume that the employee is unable to keep up with their colleagues. Thus, the worker is denied opportunities for training and advancement, and when they complain about these issues, the employer retaliates by assigning them to a less desirable shift
Employers may also fire someone that has bipolar disorder, and this is not necessarily illegal, as California is an at-will employment state. However, employers cannot override state and federal laws that prohibit discrimination against workers with a physical or mental disability. Hence, you cannot be fired simply on the basis of having bipolar disorder.
Do I Have to Tell My Employer about my Mental Health Disorder?
Is your bipolar disorder under control with medication, and you are not in need of accommodations to perform essential job functions? In that case, there is probably no need to disclose your mental health issues to your employer.
However, there may be times when you do need accommodations due to changes in your medication and other events that can impact your mood, activity level, and other vital functions. It’s very likely that you will need some form of accommodations during this time, so prepping your employer by telling them about your diagnosis may be the right course of action.
If you do tell your employer about your disorder, they are required to keep the information confidential and provide accommodations that are within reason. For example, you may need additional break times during the day or a different work schedule for therapy sessions. Keep in mind that workplace accommodations are a collaborative effort, and both sides must remain open-minded and willing to compromise.
How Do I File a Lawsuit for Discrimination if I was Fired for Having Bipolar Disorder?
If you believe that you were fired over a mental or physical disability, you can explore the option of filing a lawsuit against your employer. However, you must begin the process by filing a complaint with one of two government agencies. At the federal level, workplace discrimination cases are handled by the Equal Employment Opportunity Commission (EEOC). This agency enforces anti-discrimination policies under the ADA Please note that you have 180 days from the date of discrimination to file a claim with the EEOC. However, the deadline may be extended if the discrimination you suffered is prohibited by both federal and state laws.
Discrimination based on a serious medical condition is illegal in California under the terms of the Fair Employment and Housing Act. So, you may actually have up to 300 days to file a wrongful termination claim based on discrimination for having bipolar disorder. The state of California has a work-sharing agreement with the EEOC, so when you file a claim with one agency, the other agency automatically receives a copy.
Upon receiving and investigating your claim, the agency may send you a document known as a Right to Sue letter. With this notice, you can go ahead and sue your employer for wrongful termination. You must file a lawsuit within 90 days from when you receive the Right to Sue letter. This is why you should work with a disability discrimination lawyer right from the start, who can ensure that you are fully prepared for a lawsuit once you are given permission to sue by the EEOC or the California Civil Rights Department.
Zero Fee Guarantee for Wrongful Termination Victims
Those who are wrongfully terminated for a mental health disorder may have protections that allow them to file a compensation claim against the employer. Taking legal action can be difficult if you don’t have expert knowledge of the state’s employment laws and court procedures. Contacting a wrongful termination lawyer is the best course of action, but you are probably worried that it will cost too much to hire a qualified attorney.
Rest assured that you will never pay any fees upfront here at California Labor Law Employment Attorneys Group. The cost of representing you is recovered at the end of your lawsuit, and only if the case is resolved in your favor. If you do not get paid from a claim for wrongful termination, you pay us $0 in legal fees.
If you are ready to explore your rights and legal options with our legal team, please reach out and schedule a free case review.
