Saturday, August 19, 2017

Discrimination for Mental Disability

These laws also provide reinsurance guarantees for eligible employees who take their work permit protected by the absence. Disability discrimination occurs when an employer considers a qualified employee or applicant with a disability unfavorably because she has a disability. Disability discrimination may also occur when an employer can not provide a qualified employee with a mental or physical disability, with all rights required by law.

A complex interaction of federal, state, and local statutes creates confusing filing requirements, deadlines, and procedures that must be followed strictly before proceeding with a discrimination lawsuit.

Disability Discrimination Lawyer 

It is unlawful for an employer to discriminate against an individual based on his or her physical or mental disability. All employees must meet certain conditions to be considered disabled, and if classified as mentally disabled, may be legally protected from discrimination and harassment in the workplace. Under the American Disabilities Act and The California Fair Employment and Housing Act, an employer is not permitted to take adverse action against an employee because of the employee's mental disability.

Laws Against Discrimination and Harassment for Mental Disabilities

The California Disability Act contains more protection for individuals with mental or physical disabilities compared to The American Disabilities Act under Federal law.

Mental disability includes all mental or physical illnesses such as mental retraction, organic brain syndrome, emotional or mental illness, also learning disabilities that prohibit normal activities in life. Conditions that are automatically considered mental disabilities are: clinical depression, bipolar disorder, post-traumatic stress disorder and any other condition that requires special education or similar services.
Examples of Mental Disability Discrimination

Discrimination and harassment for mental disability can be important in the quality of your life, and can have a negative impact on your career. Examples of discrimination for mental disability in the workplace include:
  •     Dismissing the employee after discovering that the employee has a mental disability
  •     Assign bad shifts
  •     Insulting or joking about mental disability
  •     Assigning inconvenient shifts
  •     Not making correct accommodations for the employee who is mentally disabled
  •     Offering poor conditions in which the employee has to work
  •     Not allowing the employee to lose work for medical appointments
  •     Not giving reasonable accommodation in the workplace
  •     Not allowing enough time to individual to complete their work

Lusi Marlita

Author & Editor

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