Yes, you can sue your employer for firing you because you were diagnosed with bipolar disorder. Bipolar disorder is a mental disorder that involves mood swings that range from depressive lows that may include low energy, low motivation, and loss of interest to manic highs that may involve high energy, less sleep needed, and a loss of touch with reality. It is a very common disorder with 3 million cases in the United States per year. Bipolar disorder can be is chronic; it can be treated but there is no cure. If you have been diagnosed with bipolar disorder, just like the other couple million in the United States, then you have rights under state and federal laws. Your employer has wrongfully terminated you if they fired you solely based on the fact that you were diagnosed with bipolar disorder. Our discrimination and wrongful termination lawyers at California Labor Law Employment Attorneys Group will help you fight back against unlawful employers.
Bipolar disorder wrongful termination
The Americans with Disabilities Act (ADA) is an anti-discrimination law that prohibits discrimination against disabled individuals in all areas of public life, which includes school, work, transportation, and any area where the public is allowed to access. The Equal Employment Opportunity Commission (EEOC) oversees different anti discrimination laws, including Title I of the ADA, which specifically refers to discrimination in employment. The EEOC defines a disability as any physical or mental impairment that limits someone’s ability to perform one or more major life activities. A history of this impairment is also considered a disability. There are many major life activities that a disability may affect, some examples are: caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, and working. The definition of major life activities is also extended to bodily functions such as the operation of the immune system, cell growth, the reproductive system, and many more.
In 2008, the ADA was amended to specifically include bipolar disorder. It’s clear that some symptoms of this diagnosis may temporarily limit someone’s ability to perform major life activities. You are only covered under the ADA if you work at a company with 15 or more employees. So if you meet the requirements to be covered under the ADA, then it was illegal for your employer to fire you for being diagnosed with bipolar disorder. It is clearly stated in the law that employers are prohibited from retaliating against you for enacting your rights under this law. Furthermore, if you decide to pursue a lawsuit against your employer, retaliation from your employer against you is prohibited as well. If any of this has happened to you, then you need to speak with one of our wrongful termination attorneys to get your job back.
Bipolar disorder discrimination lawyer
There also other ways in which you may be covered under the ADA. Part of the ADA requires employers to provide reasonable accommodations to those that qualify for it under that act. Types of reasonable accommodations provided by an employer may be making existing facilities accessible and usable by people with a disability, job restructuring, part-time or modified work schedules, reassignment to a vacant position, acquisition or modification of equipment or devices, and so on. Specific reasonable accommodations for those with bipolar disorder may be rest breaks, telecommuting, and a modified work space for the times one is experiencing fatigue; support animals for stress; and alternative lighting, noise canceling headsets, and written instructions for times when manic highs cause a lack of attentiveness. These are just a few examples, but it must be remembered that all reasonable accommodations should be considered on a case-by-case basis. If you require these accommodations to help with your diagnosis, and your employer refuses to provide them, then you may want to sue for disability discrimination. One of our discrimination lawyers can help you win a case against discriminatory employers who are unlawful.
California bipolar disorder discrimination attorney
The California Fair Employment and Housing Act (FEHA) is a state anti-discrimination law that protects discrimination in employment based on a protected category. The California Department of Fair Employment and Housing (DFEH) outlines all the protected categories which are: race and color, ancestry and national origin, religion and creed, age (over 40), mental and physical disability, sex and gender, sexual orientation, gender identity, genetic information, medical condition, marital status, and military or veteran status. Bipolar disorder would qualify under the mental condition protected category. The FEHA applies to public and private employers, labor organizations, and employment agencies. If your employer has 5 or more employees that you are covered. Just like the ADA, the FEHA prohibits retaliation against someone who has asserted their rights under the law.
If you’ve experienced illegal discharge because of your bipolar disorder, you need to reclaim your rights as an individual and as an employee. If you decided to file a lawsuit alleging disability discrimination, you can either file a charge with the EEOC or the DFEH. If you file a charge with the EEOC, you will receive a Right to Sue notice after an investigation, which then will give you 90 days to bring it to court where you will need a bipolar disorder discrimination lawyer, which you can find here at our law office. If you decide to file a complaint the with the DFEH, you will need to fill out an intake form which can be found on the DFEH website. You will need to provide the specific facts and any records about the incident and copies of any documents that support your claim. If the DFEH decides to investigate your charges and your complaint to your employer cannot be resolved, then you must continue with a lawsuit. While the steps may seem overwhelming, our attorneys want you to know that they do not have to be because you will be safe in our hands. Let our discrimination lawyers assist you with the process and help win a bipolar discrimination lawsuit.
Your wrongful termination may go hand-in-hand with your discrimination case because losing your job may be a result of discrimination. Our wrongful termination attorneys want you to know that possible outcomes if you win your case are reinstatement of your job and rewards for compensatory and punitive damages. The federal law puts a cap on how much can be received from compensatory damages, but know that the cap is high. For large large companies with 500 or more employees, who may be eligible to receive up to $300,000 from a won wrongful termination suit.
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If your employer has discriminated against you because of your bipolar diagnosis, then they have completely dismissed your qualifications and merit as an employee. You do not deserve to be treated like this. The ADA and FEHA are laws put in place to protect you from unlawful employers like this, so utilize their purpose and file a lawsuit. Give us a call to schedule a free consultation so you can begin reclaiming your rights. You will be able to sit down and talk to one of our skilled attorneys about your case. If we decide to take it on, we will not charge your anything. Our zero fee guarantee means that there are no upfront fees and no financial obligations for you unless we win your case, where we will only ask for a small fee. If you have already talked with an attorney but would like a second opinion, we can provide that as well free of charge. Come to our firm today to see what we have to offer you!