My Employer Fired Me For Taking Medication For My Mental Health. Is This Legal?

Carney Shegerian
Aug 22, 2017 · 2 min read

The fact that you’re taking medication for a mental illness at work shouldn’t limit your ability to keep a job. If you’re taking medication, and your employer decides to single you out for it, you may have grounds to take legal action. Disabilities like mental health issues are protected under federal law and should never be the reason an employee is fired.

The unfortunate truth is that a number of employers across the nation may harbor illegitimate biases and stereotypes about mental illness. When employers allow these biases to guide and determine employment decisions, they could be crossing the line into illegal violations of federal law designed to protect the rights of employees.

States, too, have each have their own way of addressing disability discrimination. Almost every state protects workers from discrimination in employment decisions that arise from biases and stereotypes about disability.

The main difference between state and federal protection is that state law often reaches a greater number of companies due to lower coverage limits. Federal law covers companies with 15 or more workers whereas many state laws cover companies with as few as five employees.

Once you discover a violation of federal or state employment discrimination law, the next step is to file a claim with the EEOC. A qualified employment discrimination attorney can assist with the charge application which the EEO office will review for initial intake.

If you’ve been fired merely for taking medication while at work for a mental illness, you may have a strong case for disability discrimination. Federal law prohibits disability discrimination in companies with 15 or more employees, and state law applies to companies with as few as five employees. Your disability may qualify for protection under the ADA or Title VII of the Civil Rights Act. In addition, your state’s disability discrimination statute may also lead to suitable legal remedies.

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Carney Shegerian

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Carney Shegerian has developed a reputation as “The People’s Attorney” — fighting passionately for the rights of his employee clients.

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