No, your employer cannot fire you solely on the basis that you have been diagnosed with depression. Affecting over 3 million people in the U.S. every year, depression is a common mental health disorder characterized by a persistent feeling of sadness, loss of interest, and irritability. The symptoms must last for at least 2 weeks for an official diagnosis, and those who are affected have considerable difficulty with cognitive functions, daily activities, engaging with others, and managing their emotions.
At the end of the day, depression is a complex and often misunderstood disorder that can result from biological, environmental, and psychological sources. Patients can have drastic changes in their sleep patterns, energy levels, self-esteem, and ability to focus and feel interest in what they are doing. Treatment normally includes some form of talk therapy and prescription meds, like SSRIs and SNRIs.
While you are managing your symptoms, you may need time off from work to attend therapy sessions. You may also require short or long-term accommodations due to side effects from your medication and other complications. Laws such as the Americans with Disabilities Act prohibit employers from terminating someone that has certain medical needs due to a psychological disorder. Employees are also protected from wrongful termination if they ask for accommodations that are within reason for the employer.
If you lost your job and suspect that your mental illness was used against you, please get in touch with the legal experts of California Labor Law Employment Attorneys Group. You may have grounds to file a wrongful termination lawsuit and receive compensation from your employer. Contact our office today and schedule a free case review.
Protection for Those with Depression Under the ADA
The federal legislation known as the American Disabilities Act (ADA) protects individuals from discrimination in public areas of life, including the workplace. So, if you work for an employer with 15 or more workers, the fact that you have depression cannot be used as a basis to take away your job or subject you to other negative employment decisions, like demotion and pay cuts.
According to the ADA, a disability is any physical or mental impairment that poses significant limitations on your ability to perform a major life activity, such as seeing, hearing, communicating, walking, sleeping, and doing manual tasks. A disability can also disrupt major bodily functions, like normal cell growth and the immune system’s ability to fight off infections and illnesses.
Providing Equal Opportunities for People with Depression in the Workplace
Depression can impact your job, but there’s a good chance reasonable accommodations can be made by the employer to help you perform your work duties. The ADA gives you the right to ask for reasonable accommodations (ones that do not place undue hardship on your employer), which are modifications or adjustments that make employment opportunities accessible to someone with a disability.
Reasonable accommodations for an employee with depression include, but are not limited to:
- Allowing you to work from home or anther remote location
- Changing your workspace location so that you are less distracted or stressed by environmental factors
- Giving work instructions to you in different ways if you are having memory problems (a common symptom of depression)
- Restructuring your job duties to eliminate non-essential tasks
- Providing greater flexibility in your work schedule to accommodate therapy appointments and other medical needs
California Laws to Prevent Depression Discrimination
Discrimination against those with a mental health disorder is prohibited under the California Fair Employment and Housing Act (FEHA) for workplaces with 5 or more employees. Thus, even those working for small businesses are generally protected from discrimination against protected characteristics, which include medical conditions and physical or mental disabilities.
Depression meets the standard of a mental disability under the laws in California, so employers with at least 5 employees cannot fire someone after finding out about their condition. Workers who are diagnosed with depression also have employment protections under the Unruh Civil Rights Act and the Disabled Persons Act.
In conclusion, various laws are in place to ensure that you have equal access to opportunities in the workplace. This includes the right to seek reasonable disability accommodations and not be fired by the employer as an act of retaliation. A lawyer specializing in disability discrimination can evaluate your experience and help you move forward in a positive direction. Contact our office today for more information on suing your employer for wrongful termination.
Other Kinds of Discrimination against Disabled Workers
Do you have the right to sue your employer over other acts of discrimination aside from termination of employment?
The ADA and other laws at the state level prohibit any kind of adverse employment decision that’s made on the basis of a disability and other protected traits. So, your employer is forbidden from discriminating against employees and job candidates with a mental health disorder in the following areas:
- The job application process
- Hiring and firing of employees
- Advancements, bonuses, and other incentives
- Pay rates / hours
- Opportunities for job training
- Terms and conditions related to employment contracts
Another problem encountered by disabled individuals in the workplace has to do with retaliation. Essentially, the employer looks for a way to punish the worker for engaging in a protected activity, like asking for accommodations while they are ill or extended medical leave under the Family and Medical Leave Act or the California Family Rights Act. Firing the worker is only one example of retaliation, which can also include:
- Demoting worker to a position of lower rank
- Transferring the employee to a less desirable location
- Micromanaging and holding the employee to unreasonably high standards
- Giving poor performance evaluations
- Harassment, like demeaning comments about their mental illness
- Spreading rumors and other activities that compromise the employee’s professional reputation
Please note that employers cannot retaliate if you complain about discrimination by filing a complaint with Human Resources, or if you report them to the California Civil Rights Department or the U.S. Equal Employment Opportunity Commission. If your employer has violated the laws concerning retaliation in the workplace, don’t hesitate to contact an employment rights lawyer to discuss your rights and legal options.
Our Zero Fee Guarantee Policy
You may have the foundation for a labor law violation lawsuit, but what if you can’t afford an attorney to handle your case? Here at California Labor Law Employment Attorneys Group, we provide all clients with the Zero Fee Guarantee.
It starts with a free consultation, where you can talk to a member of our legal team about the actions that are available to you. In the event you wish to go ahead with a mental illness discrimination claim, we provide all services for $0 and wait until your settlement is recovered in order to deduct legal fees. In essence, we must win your case in order to get paid, and you owe us $0 if the case is not resolved in your favor.
If you were fired for having depression or another mental health disorder, let us help you fight back and hold your employer accountable. Please contact our law firm 24 hours a day, 7 days a week.
