Understanding Mental Illness and Disability in the Workplace
States have protective laws for working individuals with mental illnesses and/or disabilities. Here’s what to know about navigating being fired because of bipolar disorder.
In the United States, bipolar disorder is a disability. Employers who’ve fired employees for having bipolar disorder violate the Americans with Disabilities Act and may face a discrimination lawsuit.
Related: How Mental Health Issues Affect Divorce in Ohio
Bipolar Disorder as a Disability
United States law describes the Americans with Disabilities Act (ADA) as “one of America’s most comprehensive pieces of civil rights legislation that prohibits discrimination and guarantees that people with disabilities have the same opportunities as everyone else to participate in the mainstream of American life.” The ADA considers bipolar disorder a disability and prohibits diagnosed individuals from experiencing discrimination in the workplace because of bipolar disorder.
What to Do After Getting Fired for Having Bipolar Disorder
Firing an employee for having a disorder directly violates the ADA. An employee who’s lost their job because of bipolar disorder can file a discrimination lawsuit against their employer.
Individuals seeking help after being fired for having bipolar disorder should follow these steps.
1. File a discrimination charge with the federal agency.
Individuals diagnosed with bipolar disorder can file a discrimination charge with the Equal Employment Opportunity Commission (EEOC). The EEOC serves as the federal agency and upholds the ADA’s employment protections.
Submit an online inquiry on the EEOC Public Portal and attend the following interview. The petitioner has 180 days to file the discrimination charge after receiving approval from the interview. File the discrimination charge on the EEOC Public Portal.
2. File a discrimination charge with the state agency.
States have different laws on employee discrimination. Visit this website to view each state’s disability discrimination laws. Federal and state agencies provide a dual filing service where both agencies receive a copy of the discrimination charge regardless of which agency the petitioner filed at first. Filing with the state agency means the petitioner doesn’t need to file with the EEOC and vice versa.
3. Wait for a “right-to-sue” letter and file the discrimination lawsuit against the employer.
The EEOC and/or state agency issues the petitioner a “right-to-sue” letter after approving the discrimination charge. The petitioner can file a lawsuit in federal court when they receive a “right-to-sue” letter. Petitioners have 90 days to file a discrimination lawsuit.
Petitioners can expect to include the following in their written complaint to federal court:
- Name and contact information
- Employer’s name and contact information
- Evidence of discrimination from employee
- Law(s) the employer violated
- Damages the court can award
Related: Handling Mental Health Issues in Divorce
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