Can I Be Fired Because I Have a Mental Impairment?

Employees living with mental health conditions such as anxiety, depression, post-traumatic stress disorder (PTSD), and bipolar disorder are legally protected from discrimination in the workplace. Both federal and California law prohibit employers from firing or taking adverse actions against an employee simply because of a mental impairment. However, many workers do experience unfair treatment or wrongful termination due to stigma, lack of understanding, or failure by employers to meet their legal obligations.

If you’ve been fired or fear being terminated because of a mental health condition, it’s important to understand your rights under the Americans with Disabilities Act (ADA) and California’s Fair Employment and Housing Act (FEHA). The attorneys at Miracle Mile Law Group are experienced in advocating for employees facing disability discrimination.

Legal Protections Under ADA and FEHA

The ADA is a federal law that protects individuals with disabilities, including mental impairments, from discrimination in employment. Similarly, California’s FEHA offers even broader protections to employees than the ADA.

• Americans with Disabilities Act (ADA): Requires employers with 15 or more employees to provide reasonable accommodations and prohibits firing or discrimination based on disability status.
• Fair Employment and Housing Act (FEHA): Applies to employers with 5 or more employees and includes mental disabilities, emotional conditions, and medical conditions as protected categories.

Under both laws, mental impairments that substantially limit one or more major life activities may qualify as disabilities. These can include anxiety disorders, major depression, bipolar disorder, schizophrenia, obsessive-compulsive disorder (OCD), PTSD, and other psychological conditions.

Employer’s Obligation to Provide Accommodations

Employers are required to engage in what is known as the “interactive process” once they become aware of an employee’s disability. This is a discussion between employer and employee to find a reasonable accommodation that enables the employee to perform their essential job functions.

Accommodations must not place an undue hardship on the employer, but refusal to engage in the process or to consider viable accommodations can constitute discrimination under FEHA and the ADA.

Below are common examples of accommodations for employees with mental impairments:

Common Forms of Workplace Discrimination

Unfortunately, mental impairments are still highly stigmatized in professional environments. Discrimination can take many forms beyond termination. Even if you were not explicitly fired because of your condition, you might still have a legal claim.

• Failure to provide reasonable accommodations
• Hostile work environment based on a mental disability
• Retaliation for requesting accommodations
• Harassment from supervisors or coworkers
• Unwarranted disciplinary actions tied to disability-related behavior
• Demotion, job reassignment, or reduction of hours without justification

California law strongly prohibits these discriminatory acts when they are connected to a protected mental health condition. Documentation and witness testimony from coworkers can serve as important evidence during a legal claim.

Steps to Take If You’re Fired

If you have been terminated from your job and suspect it was due to your mental impairment, it is important to take the following steps:

• Request a written explanation of your termination
• Gather all documentation, including emails, performance reviews, and medical notes if applicable
• Make a timeline of events, including accommodation requests and any disciplinary actions
• File a complaint with the California Civil Rights Department (CRD, formerly DFEH) or the U.S. Equal Employment Opportunity Commission (EEOC)
• Contact a qualified employment attorney to discuss your case

Time limits, known as statutes of limitations, apply to these claims. You generally have one year from the date of discrimination to file a claim with the CRD and 300 days with the EEOC. Early consultation with an attorney can ensure these deadlines are met.

How Legal Help Can Protect Your Rights

A knowledgeable employment law attorney can provide the support and legal strategy you need to assert your rights. If you were terminated because of a mental health condition, an attorney can help you prove your case, negotiate compensation, and, when necessary, take your case to court or arbitration.

Miracle Mile Law Group regularly represents employees across California who have been fired or mistreated because of a mental or psychological disability. Our team will evaluate the facts of your case, help you obtain necessary records, and ensure that your employer is held accountable under state and federal disability discrimination laws.

Learn more and schedule a consultation with our team by visiting our Disability Discrimination page.