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| *Ostroff, Fair and Company>>>Law & Legal |
Employee discrimination based on mental illness? |
I am currently trying to get my job back. I lost the job due to mental stress at that time. I was never diagnosed with a serious mental condition. I was diagnosed with adhd and depression. My managers came to the conclusion that I could not be hired back solely because they believed I was not mentally stable enough to perform the job. They admitted I did a fantastic job last time but did not want to put the workplace at risk because they believe I am not mentally stable enough. This is based on a text message that a co worker showed them where I had been contemplating suicide. Never in my medical history was I diagnosed with any mental disability proving me unfit for employment. I know of the human rights act which states an employer can not discriminate based on mental disability. Does this sound just to you and do you know where I can find any laws or articles on this in Minnesota. I would like to file a complaint and plan to get a note from my current doctor saying I am mentally fit I'm sorry, I don't live in Minnesota. Try calling the local bar association and asking how you can find a good attorney specialing in Human Resource issues. And please, make sure that your doctor includes that you're being treating for these specific issues and that you are stable and your illness is under control. They can't discriminate against an illness, but they can be concerned if you're not actively being treated to keep it from affecting the workplace or your work. Mental disabilities qualify for protection under the Federal Americans with Disabilities Act (ADA.) However, this Act requires only that the employer give disabled applicants and employees the same consideration as non-disabled individuals; it does not require that you be rehired or given special consideration. If you quit your job voluntarily, the employer is under no obligation to rehire you. However, if you were terminated because the employer assumed that you were unable to perform the essential duties of your job (based on hearsay from a co-worker's text message, pretty flimsy) then you would have a potential case for wrongful termination. Whether or not you'd want to work for a company that you had to force your way back into is another story - I would think that could get pretty difficult. Best of luck. |
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