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Mental Illness And Employee Rights

We live in a great country where the law is above anything. If you suffer from the mental illness, you are under the protection of several laws. It is important to know your legal rights and hopefully this article will help you to learn how you are protected.

If you have a mental health condition, your employer can not fire you because of it. It would be a discrimination and therefore illegal to fire you. That also includes the rejection of a job application or even a refusal of promotion because of it. However, you need to understand that if you are unable to perform the required task because of your mental illness, employer has a right to fire you or not to hire you. Employer can also do it if you could be dangerous because of the behavior caused by the mental illness. For this, employer needs to have an objective evidence and not base his argument on stereotypes.

You do not have to disclose your mental condition to your employer. He can only ask about it before starting to work if other workers also get to ask the same question. Employer can also ask about it if he has an evidence that you are unable to perform required task or you pose a safety risk.

You are entitled to a special conditions with some limitation. If some things in the job environment does not allow you to perform requested task, you can ask your employer to provide you with some help. For example, if there are certain distractions that affect you and your focus, you can ask to be moved in a quiet place. For that, you need to have a diagnosed mental condition. Illnesses such as PTSD, bipolar disorder or clinical depression are usually easily qualified for it.

What can you do if your rights are violated?

If you have a mental condition and you have been fired, application got rejected or were not promoted, it is highly recommended you get a legal advice from an attorney. Several law firms (including mine) offer a free consultation, so you do not have to pay anything. It is important to determine if your employment rights were violated. After the consultation you will have an idea what your next steps will be. Your attorney will help you get the case together and you can file a lawsuit against your company in a federal district court.