What rights does an employee have under the ADA?

UPDATED: Sep 30, 2022

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What rights does an employee have under the ADA?

I was recently let go from my job. I had a suicidal episode that I was able to prevent buy seeing a therapist. I had to call off work to see them. My manager told me it was fine and to,

Asked on October 8, 2016 under Employment Labor Law, New York


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

If your suicidal episode was not a work and you did not otherwise act out at work--and also called out in a permitted way--then it may well be illegal, disability-based employment discrimination to terminate you due to an emotional or psychological issue. If this was the case, you could file a complaint with the EEOC or your state equal/civil rights agency.
However, while you cannot be terminated simply for havin a condition or problem, you can be terminated for behavior or actions, even if caused by a condition or problem. So if you acted out at work, you could be terminated for that; or if you did not call out in an approved way, but just missed work when it was not authorized, you could be terminated for the unauthorized absence.

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