Court: Bipolar employee should’ve gotten time off — company loses 91K
September 24, 2008 by Sam NarisiPosted in: Americans with Disabilities Act, In this week's e-newsletter, Latest News & Views, Recent Decisions
It’s an HR question the courts have been wrestling with lately: When do psychological disorders qualify employees for protection under the Americans with Disabilities Act?
In one recent case, an employee with bipolar disorder sued his company after he was fired. The condition made him “irrational, delusional, and unable to communicate effectively.” When he had to be hospitalized, the company decided he could no longer do his job.
He sued, claiming the termination violated the ADA. The court agreed.
First, the court determined the employee was protected by the ADA. The bipolar disorder substantially limited several of his major life functions — specifically, the life activities of “thinking, communicating, interacting with others and caring for himself.”
Then, the court ruled that he could have performed his job with a reasonable accommodation — time off to get treated. Other courts have ruled that leaves of absence are considered reasonable accommodations for employees with psychological disabilities.
The case went before a jury, which awarded the employee a $91,000 payout.
Cite: E.E.O.C. v. Voss Elec. Co. d/b/a Voss Lighting
Tags: ADA, Americans with Disabilities Act, bipolar disorder, psychological disabilities
October 1st, 2008 at 1:26 pm
Everything will soon be a disability – and every “disability” will be able to find a doctor to certify that claim. I, for one, believe the ADA has gone way too far in its quest to make us into victims for everything under the sun. The liberal nanny state marches on.
October 1st, 2008 at 3:31 pm
I disagree, the ADA has not gone too far. Bi-polar is a medical disease – it’s organic in nature. There are highly functioning bi-polars out here, but sometimes they need to take some time down to get back on track. There is no controlling the brain in a bi-polar. Medication helps but does not cure. When a bi-polar has an ‘outbreak’ if you will, the best thing to do is have the bi-polar take the time off or work a flex schedule – as long as the bi-polar person can perform the essential functions of the job. Bi-polar does not mean you are crazy. It is a very misunderstood condition. The bi-polar person needs to take responsiblity for their condition as well and communicate frequently with their Supervisor. Unfortunately, often times in the workplace, Supervisors lose respect for an employee with bi-olar and/or the bi-polar doesn’t take the responsiblity to communicate to the Supervisor. It’s actually sad when people like Larry do not see this as a disability.
October 2nd, 2008 at 12:39 pm
I agree with Larry. The ADA was designed to protect crippled and blind people. Any law that limits the ability of an employer to fire people that are detrimental to his business is tyrrany. Crippled and blind
people can fit in where their disability does not interfere with their job.
The judge himself says “The condition made him “irrational, delusional, and unable to communicate effectively”" You might be able to work around this disability if you were a politician or judge
but it is hard to imagine a job in the private sector that could be productive under these circumstances.
So how does the judge expect this employee to be a positive contributor if he is behaving like this?
He doesn’t, he just expects the employer to give welfare to a disruptive, non contributing person.
October 2nd, 2008 at 2:37 pm
In response to MB: Your perspective is a typical perspective with little respect to the idea of valuing diversity. Bi-polars can work effectively in any sector of business as long as the conditions are right and the bi-polar employee has effective medication. Again, as I said before, it is up to the bi-polar employee to take responsiblity for their medical condition. Bi-polars often have a unique view of the world and can offer some different insight and perspective. Do they have behavior problems? Yes and at times it can be disruptive to the workplace. Just like any other employee who gets upset and angry at work and starts yelling, etc. I admit it is not our responsiblity to be social workers; however, it is our responsibility to have a diverse workforce and have respect for all employees. Labeling a bi-polar as dysfunctional is exactly the reason why those that have bi-polar are hesitant to tell their employer – they simply don’t want to be labeled. And that’s a shame.
October 3rd, 2008 at 6:36 pm
I am a member of NAMI, the National Alliance for the Mentally Ill. I am also the sibling of a person diagnosed with Bipolar Manic Depression and PTSD. By your comments above, it is obvious that you do not know the science behind the mental illness of bi-polar disorder. When a person is working at a job and has an episode, it takes them up to 2 years to completely recover, and that is only if they don’t have an additional episode during that time. Once the episode occurs, they have to be hospitalized or the medication needs to be changed, etc. The episode leaves that person with a large need for recovery time. Imagine working at your job for a year and then you are hit with an episode. You are treated with new medications that effect your ability to stay awake or give you tremors or any other type of uncomfortable symptom that would not allow you to function the same as you normally do. It’s as if you mind and body turn on you and you can’t wake up from it without time to heal and process the new medication or new levels or medication. The real result is that the mental illness renders a person disabled until they can recover. Bottom line is that mental illnesses ARE disabilities and deserve the same rights under the law of all disabilities. I do understand where you would think that people are just being lazy and want to be determined as “disabled” to take advantage of the system. I thought that once myself, until my brother was stricken with this mental illness. Now I’ve educated myself and learned how difficult it is to get a person on disability. There is a giant book of jobs that a lawyer has to sort through and determine with the court that a person with a mental illness is not able to perform. Did you know that everyone filing for disability is immediately rejected the first time? And when you appeal it takes on average up to 2 years to finally get approved with the help of a lawyer? Do you also know that most people with mental illnesses do not want to go on disability? They want to be treated normally, as they had been before their illness. It is a huge struggle. I think our society needs to learn more about the truths regarding mental illness before we go passing judgement. I know I did.
October 16th, 2008 at 4:53 pm
I agree that people with disabilities need understanding and help, however to what extent should we protect this form of disability? If an employee who is not protected under the ADA is irrational, delusional, and unable to communicate properly they receive a poor performance review and can be fired. I feel to truely not discriminate with people with disabilities we need only make the same resonable accommadations we would for any employee. There are a lot of disabilities both physical and mental but they should not receive special treatment just the same. If any employee is in a customer service role and reacted this way it could hurt the company’s business. It also presents the question of how does this Bi-Polar employee treat the other employees? What happens when he/she feels overwelmed or that others are out to get them? Can the other employees file a harrasment suit against this protected employee? I would not want to share a cubical with someone who cannot be fired for the same behavior that would get me fired.
October 29th, 2008 at 1:25 pm
My question is:”Did the employer know that this person was bipolar when hired?”
If a potential employee is crippled, blind, etc. it is quite obvious to the employer whether or not there is a position that person could handle and probably expect there would be “time off” required and go from there………………..but if this illness was not disclosed at the time of hire – then I don’t see how the employer could be held responsible – certainly not to the tune of 91k.
November 13th, 2008 at 10:42 am
Now, Imagine if you are me. I’m bipolar. Very Bipolar.
I love my job. I care about my coworkers and because of that my production is well above that of other employees. I’m commended constantly about how great of a job I’m doing and how they’d not function properly without me. I’m carrying my entire department…
But every couple of months I stop careing. I soon hate my job, hate these ‘people’ and i hate myself. I dont want to feel this way, but I cant help it. My job preformance just has to suffer until i feel better. Then my boss starts to complain about how she knows my potential holds more but I’m not matching that. It makes everything that much worse.
Things will soon go back to normal, but I cant force it to come any faster… Should i loose my job because of the “down times?” I mean, I surely dont think so…
January 28th, 2009 at 10:28 am
I have read with intense interest each word on this thread. Frankly there are some misguided views on why ADAAA was amended as such and its application to those that suffer from mental or emotional maladies. There were even a couple of comments that have me thinking that if you feel as you do and act on it in behalf of your company, get ready for a lawsuit.
I too know bi-polar people. They are effective workers, good friends who just happen to have a condition not unlike other medical conditions that other people suffer. Somehow it seems that so much emphasis is placed on the word ‘mental’ or ‘psychological’ that the greater point of ADAAA morphs into something that does not apply.
Allow me to give an example. You have an employee that gets arrested for drunk driving. They were belligerent, combative, and certainly unable to perform their essential job duties. You hear of it and terminate the employee with disgust feeling that the ee has disgraced himself and the company. Maybe the ee was driving a company vehicle. All of the elements could fit a person episodic of an active bi-polar event. Your mind is set. Now later on that day you find out that though all of the elements of the arrest were true EXCEPT the person was NOT drunk. They suffered a diabetic episode which mimics closely a drunken person in many instances. What happens to your thought process? Now it’s “Ohhhh. . . now I understand” why. . because you can feel comfortable with a focus on a physical ailment rather than mental. Diabetes is not curable but can be managed with medication. Other than the example turning the focus onto a physical condition what would the difference be if the condition was bi-polar with the same description? Still a condition that is not curable but can be managed with medication. Both have a limiting factor on major life functions. Sorry, I’m not hearing ADAAA has gone too far, I am hearing lack of knowledge about mental maladies and lack of acceptance of those that have them. One writer referenced diversity in their answer. I think that writer was correct.
I’m not chastising anyone but here is an opportunity for us all to take a second look of how we view things as opposed to how the ADAAA that we are responsible for administering, views the same thing.
February 4th, 2009 at 3:48 pm
EVERYONE, PLEASE READ MY MESSAGE IN ITS ENTIRETY. I can’t believe so many people in the 21st century still seem to believe that a bi-polar person could be normal if they really tried. Worse yet, it seems that some of you think these people should be cast aside. My son is bi-polar but was not properly diagnosed until he was over 30 years old. In the meantime, his work record became so spotty that he is now virtually unemployable even though he would like nothing more than to be a contributing member of society. He is highly intelligent and holds a master’s degree, which is remarkable considering he has actually battled this illness since he was in his late teens. As an HR professional, I understand the employer’s dilemma, but as a mother the treatment my son has endured his entire adult life makes me weep. He is treated like an outcast by most people, including some members of my own family. Society is sympathetic with a disability they can “see” but terribly cruel to those people who are mentally ill. Trust me on this, you wouldn’t want to walk a mile in my shoes. I cannot die in peace knowing that no one will care what happens to my son when I am no longer alive.
February 6th, 2009 at 8:31 am
Linda
I want to thank you for sharing such a personal life touching experience with us. It is my hope that those who have become so “HRized” remember that though we do have responsibilities to our companies we more importantly have responsibility to people, humans with all of their imperfections. Some how we constantly make excuse for employees whose behavior is less than stellar even managers that get companies sued on a daily basis. Yet when it comes to human compassion for a person with a treatable condition we move away from them treating them as something to loathe in our actions if not, at times, our words. That is wrong and were it not for such actions by us, the profession that is supposed to have the greater knowledge of what a person’s rights are under the law, we would have no need for the constantly expanding role of the courts to make us do what we should have been doing in the first place.
I have been chastised before as an H/R professional that is not interested in the company way of doing things. I have been chastised for saying that I am an employment law advocate and whichever, the company or the employee, is right is who gets my support. That is the way we all should be. The law is there. We are responsible to see that it is administered without prejudice. That includes those that are less than what some of us that hold ourselves as the standard should be.
I don’t mean to be harsh but I do mean to be honest with my thoughts here. Thank you Linda for giving us something very real to think about.
February 6th, 2009 at 11:07 pm
I have been diagnosed bipolar. I have not told my employer and worry that I could take a serious “episode” at any point! Given that I have 6 years service to this company and have been in a seconded position as manager for the past 12 months makes me hope that if my illness does go to extremes that my boss would help me through rather than sack me. What’s been good for 6 years must be worth fighting for if I take a bout of Mania or Depression, if not I don’t think I want to work for them!!!
February 6th, 2009 at 11:17 pm
PS – I work for HR!
February 19th, 2009 at 3:47 pm
I have worked for a dentist for almost 3 years. I have gotten 2 raises (one for 2.50 an hour more) and have never had a problem. I have no write ups and never been reprimanded. Last October ( 4 months ago) I started to have a break down and went to a local mental hospital where they admitted me for 8 days where i found out I was bipolar. no one knew it just I was up a lot and then get upset over nothing every so often. Anyway I tool 12 weeks off for the FMLA (Family Medical Leave act). and went back to work. Suddenly I was fired after 4 weeks back. Again not one time was i written up or spoken to. The Dr who didnt want me there being bipolar started picking on me for anything she could. In fact I called a patient to reschedule and either a) hit a wrong digit on phone and left a message on someones else answering machine or 2) the customer changed their number and it now belonged to someone else. The gentlemen called back to tell us that I had left a message for a return call (no patient info was shared,just to call back to reschedule) and said that we left a message and the person we tried to call wasn’t at that number. The Dr went ballistic on me looking for me to react and have an episode. I didn’t and it went on. I was told when fired that was the reason for my firing. Now how does anyone get fired for dialing a wrong number. It was to be a blatant violation of my rights and to fire me for my disability is only reason. I was an exemplary employee again receiving above average raises. Has anyone ever dialed the wrong number? I am pursuing a suit against them for discrimination for violating the ADA. This to me and my attorney and the EEOC discrimination. Getting fired 4 weeks after coming back for no reason after being a great employee? Id love to hear responses or thoughts.
February 20th, 2009 at 3:41 pm
You may also have a prima facia case for violation of your FML rights. Having a clean record 3 years before taking FML is significant. Malicious pursuit of little things to build a negative work history may be seen as a pretext. In other words the real reason was to dismiss you rather than having legitimate performance failures. Secondly being dismissed at such close proximity time wise from when you returned to work from an approved FML absence could be additional evidence of retaliation for exercising your FML rights.
Did you have an interactive discussion with them about reasonable accommodation for your condition? It would have been wise on the organization’s part to have asked you about that under ADA-AA.
June 4th, 2009 at 8:37 pm
I Have been harassed by a bipolar co worker for nine months now.During the time of the harassment I did not know she was bipolar.My supervisors who knew of her condition, advice was to just deal with her.Things escalated to the point she was arrested for harassment and assault on the job.This case went to court.Of course nothing was done with her due to her condition.I now know she is protected by ADA .I would like to ask what about me. My car was keyed,I got sick and hospitalized.Lost time at work.It even has caused problems between my husband and myself.I to should have rights against management and her.Please help
June 17th, 2009 at 3:03 pm
I am a strong advocate for those that fall under ADAAA qualifications. However, ADAAA does not offer protection to criminal or dangerous behavior. The company and employee that is ADAAA qualified must meet to have an interactive process to discover what a reasonable accommodation would be for the employee to accomplish the essential duties of the job. Harassment; assault; propagation of a hostile work environment; malicious property damage are not ADAAA reasonable accommodations.
Document incidences that have a negative affect upon you. The incidents have to be material to your safety, affect your job performance or provide substantial evidence of hostility. Incidents that make you uncomfortable will not live up to a test under law. Present this to your supervisor as a safety issue or a violation of your right to work in a hostile free work space. Second, if you have a “Work Place Violence” policy make sure you understand it and the protections it should offer to employees. You do have rights as well.