Can bipolar disorder be classified as a disability and therefore a worker suffering from it be protected under the ADA?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can bipolar disorder be classified as a disability and therefore a worker suffering from it be protected under the ADA?
Occasionally makes it difficult to get along with coworkers if I am in a manic or depressive state. Irritability, argumenting and inappropriate tone or language are often the result when my disease is not quite “in check”. Can I get fired for an outburst with a colleague if I can prove that I was manic at the time?
Asked on March 20, 2012 under Employment Labor Law, Virginia
Answers:
MD, Member, California Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
I believe the actual ADA (Americans with Disabilities Act) was amended to include bipolar disorders as a classified disability but there may be qualifications to that. If you can show you are covered, the employer must offer you some sort of modifed condition or work environment to allow you to work but again there may be limitations, including you must take medication and the sort. You should consult an attorney who handles ADA matters and see if you would qualify under the act and how you can approach your employer about this issue and how your employer can help make the issue better for itself and for you. Without protection under federal or state laws, you could very well be fired with or without cause and with or without notice.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.