Mental Disability Discrimination and Harassment
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 you are classified as mentally disabled, you 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 any adverse action against an employee because of the employee’s mental disability.
If you believe you have been discriminated against or harassed because of a mental disability, get in touch with the mental disability discrimination and harassment lawyers at The Nourmand Law Firm today. We will evaluate your case and help you get the compensation you deserve.
Laws Against Mental Disability Discrimination and Harassment
California disability law provides more protection for individuals with a mental or physical disability than the Americans with Disabilities Act (ADA) under Federal Law. California disability law prohibits discrimination on the basis of both physical and mental disabilities.
A mental disability includes all mental and psychological disorders, such as mental retardation, organic brain syndrome, emotional or mental illness, and even some learning disabilities that limit major life activities. Conditions that are automatically considered to be mental disabilities, include clinical depression, bipolar disorder, post traumatic stress disorder, and any other mental and psychological conditions that require special education or related services.
Examples of Mental Disability Discrimination
Mental disability discrimination and harassment can take its toll on the quality of your life, and have a negative impact on your career. Examples of mental disability discrimination in the workplace include:
- Terminated upon the employed discovering employee’s mental disability
- Assigning bad shifts or assignments
- Making insulting jokes about the mental disability
- Inconvenient scheduling
- Not making reasonable accommodations for the mentally disabled employee
- Offering only poor working conditions
- Not allowing employee to miss work for medical appointments
- Not providing reasonable on–site accommodations
- Not allowing the individual enough time to complete tasks
Mental disability discrimination and harassment can take their toll on the quality of your life and work, and you do have rights to pursue litigation against your employer if you are being discriminated against. Work with an experienced mental disability discrimination attorney who can evaluate your case and help you take action against your employer.
Perception of Disability
In some situations, you do not need to provide proof of mental disability in order to experience mental disability discrimination or harassment. If your employer simply perceives that you are disabled, because of a prior injury, or when you take short–term disability, and has made a hiring, firing or promotional decision based on that mistaken perception, your employer is guilty of mental disability discrimination.
Recovering from Mental Disability Discrimination and Harassment
Employees who are unlawfully terminated or harassed because of their mental disability may be able to recover for the following types of damages:
- Past lost wages
- Future lost wages
- Past and future employee benefits
- Damages for emotional stress, pain and suffering
- Punitive damages
- Injunctive relief
- Attorney’s fees
- Court costs
- Hiring costs
If you believe you have been the victim of mental disability discrimination or harassment, you must contact an attorney right away. A qualified and experienced mental disability lawyer from The Nourmand Law Firm will evaluate your case and represent you in court. We will aggressively fight for your rights so that you can get the compensation you deserve.
Contact the mental disability discrimination lawyers at The Nourmand Law Firm today so that we can evaluate your case and help you recover appropriate damages from your employer.