DOES YOUR SAN FRANCISCO EMPLOYER DISCRIMINATE AGAINST YOU BECAUSE YOU HAVE A MENTAL ILLNESS?
The Equal Employment and Opportunity Commission (EEOC) recently sued a company, Smith International Truck Center for allegedly having a history for discrimination against workers with mental illness. The EEOC argues that the company relied upon “myths, fears and stereotypes about mental impairments” and wrongfully fired a worker who took medical leave for a mental health issue. The lawsuit claims that the worker, Stephen Kerns, took a week off to receive medical treatment and have his dosage of medication adjusted. Kerns was fired briefly after returning to work without restrictions. The EEOC is arguing that Kerns was fired for his “perceived disability.” This is in violation of the Americans with Disabilities Act (ADA).
The Americans with Disabilities Act is a federal law that prohibits private employers, state governments, local governments, employment agencies, and labor unions from discriminating against a “qualified individual” with a disability in relation to hiring, firing, promotions, salary, etc. Under the act, a person is considered “disabled” if they have a physical or mental impairment that substantially limits one or more major life activity, has a record of such an impairment, or is regarded as having such an impairment. A “qualified individual” with a disability is one who can perform the essential tasks of the job with or with reasonable accommodation.
If you feel that your boss may be treating you differently because of your mental illness, you may be able to sue. If you would like more information, contact the skilled employment attorneys of the San Francisco area. You can reach us at 1-800-ALAWPRO or 1-800-252-9776 for a free consultation. You can also visit us at www.discriminationattorney.com to learn more.
