What Can I Do If My Employer Is Discriminating Me Against Mental Disability?

On Behalf of | Aug 26, 2020 | Employment Law

While some of the California, Washington, and the United States workplaces promote and help support employees with disabilities, others do nothing about this. Those who support these employees are likelier to increase productivity. Unfortunately, most employees with disabilities are not always easily detectible. And in most of the case, these employees may suffer. Worse enough is when they are discriminated against because of their mental condition. If your employer has fired or demoted you against your mental disability, you may have a legal claim against your employer. Mental disability cases are very complex; it only disability discrimination attorneys can help one file a successful claim. It’s always advisable to understand what qualifies as a mental disability and what steps to take if you are discriminated against by your employer for having a mental disability.

What Is Mental Disability?

According to federal law (ADA), this is a mental impairment that redistricts an individual from performing major life activities. Some of these may include illnesses such as schizophrenia, clinical depression, post-traumatic stress disorders, or other psychological disorders. In California, employees with mental disabilities tend to be more protected by the California disability law than federal law.

What To Do If You Have Been Discriminated Against Mental Disability

If you have a mental disability, you’re required to communicate with your employer so that he/she may set in place reasonable adjustments for you. Not all mental disabilities employees are unlawfully terminated from work. Many factors need to be considered before one decides that his/her discrimination was unlawful. To term your discrimination unlawful, you may consider the below circumstances:

  • Your manager made some comments against you after discovering your state of mental disability
  • You can’t perform your duties because your employer failed to provide adjustments that could have alleviated your sufferings
  • You’ve been assigned abnormal assignments when your employer knows you can’t complete them.
  • Your manager is making job decisions based on flawed assumptions regarding your mental disability.

If you have made your employer aware of this, and you feel you’re discriminated against your condition, ensure first to make a complaint with the appropriate representative. If no action is taken, make a step of looking for a discrimination lawyer. The lawyer will help you make a formal grievance by filing a charge with (EEOC) or any other relevant agency. If this becomes effective, your employer may have a negotiation to settle the dispute. If this seems impossible, your lawyer may help you file a claim.

A Discrimination Attorney May Help

When one is discriminated against due to a mental disability, this may create a sense of isolation or erode one’s self-confidence. This could be a key risk factor that could escalate the mental disability.

That’s why the ADA and state laws protect employees from such. If you or your loved one has been discriminated against because of a mental disability, you can file a claim. You only need to look for an experienced lawyer for assistance. Your lawyer may assist you in filing a complaint with the Employment and Labor Relation Court to get compensated.