Can someone be fired after developing anxiety disorder?
ByMy friend developed an anxiety disorder while working at her current company. They have assistance available, and she is taking advantage of that. However, though her immediate boss is working with her to reduce her stress and anxiety at work, the general manager is overriding these methods and making life at work difficult for my friend. She is beginning to think her days at this job are numbered and that she will be fired soon. Is this legal, or is it covered under the Americans with Disabilities Act?
I'm not sure if it is covered but if your friend has already been working there then I don't see how she could get fired. If she did, it seems like a discrimination lawsuit could follow. Especially if the place of employment offers help and she is taking full advantage of that. Only in special circumstances could someone be fired for this.
4 Comments
May 26th, 2009 at 11:22 am
I'm not sure if it is covered but if your friend has already been working there then I don't see how she could get fired. If she did, it seems like a discrimination lawsuit could follow. Especially if the place of employment offers help and she is taking full advantage of that. Only in special circumstances could someone be fired for this.
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Actually it is covered. This is about depression but anxiety is in the same category.
http://depression.about.com/cs/disability/a/ada.htm
May 26th, 2009 at 11:24 am
Unfortunately what constitutes a disability is not defined by condition in the ADA, if your friend has medical documentation regarding this condition that would go a long way toward protecting her. She could file a complaint with the EEOC before the termination even happened if she is receiving accomodations that are being taken away. The EEOC will look into it and may be able to correct the whole situation before any legal action needs to be taken or anyone is fired.Most likely based on the facts you are giving she would be covered by the ADA with some medical documentation.
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May 26th, 2009 at 11:28 am
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May 26th, 2009 at 11:41 am
People with anxiety disorders are usually high achievers but what your friend might need for now is a relatively stress-free environment - especially if her work brought this on and if it continues to keep her sick. Is this job really worth fighting for right now?
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