Discrimination at Work
Monday August 25, 2008
The Americans with Disabilities Act (ADA) is a law that gives civil rights protection to individuals with disabilities. It is designed to protect people with disabilities from discrimination in hiring, job assignments, promotions, pay, firing, benefits, layoffs and all other employment-related activities. It also provides that reasonable accommodations must be made for employees with disabilities.
Canada also has laws that protect those with disabilities. Last week an Ontario Divisional Court reiterated the importance of these laws upholding the finding by the Ontario Human Rights Commission that a company discriminated against an employee by firing him when he disclosed that he had bipolar disorder. The man was awarded nearly $80,000 in damages. Thulasi Srikanthan reports about this case on Canada.com.
I find this story both encouraging and disturbing. Encouraging in that a person’s rights were protected and he was given compensation for the incident. However, it is really disturbing that an employer could be so crass. Have you told your employer about having bipolar disorder? What has your experience been with this?
~ Kimberly
Comments
I have disclosed that I have bi-polar disorder to many people. I am not ashamed of it. If I had diabetes I wouldn’t be ashamed either. I get mixed reactions concerning it, but I think discussing it allows more awareness to people who have know bipolar disorder to be a “crazy” disease. When people see that I am functioning normally, actually very wee in my career and raising 3 daughters on my own, they realize that the disease exists, is treatable, and makes them more reluctant to make that “you must be bipolar” joke. In more serious discussions I have pointed out that most people living withthe disease have been mis diagnosed or don’t know they have it. I also bring awareness that the disease can often limit a persons ability to function normally; therefore, maintain a job. This presents the problem of medical insurance. It is considered a mental illnes and requires the treatment of a psychiatrist. Unfortunately, psychiatrists are considered specialists by most insurances and require an expensive copay. The medications used to treat the disorder are also very expensive and usually aren’t covered by many insurances. These things alone cause great stress to the patient and we all know that stress is a nightmare to someone suffering from this disease. Its like a circle…you start to get better and then you have to clean up the mess you’ve made during an episode and you get stressed and you start all over again. Sadly….this is the way it is for someone who has been fortunate enough to seek and afford proper treatment.
This is what I’ve discussed with many people, including my coleagues. If my position is terminated because of it, then I’ll deal with that accordingly. I am very good at what I do and have been for some time.
Yesterday we got the word that my 38 year old daughter is bipolar. It has been a long road for the entire family. I saw signs of her disorder when she was a young child and when I would take her to the doctor I was told I was just being an over protective mother. It is heartbreaking to see your child struggle with this disease and have it go on and on and unable to get treatment. Right now she is going through a very lonely and dark valley. All I can do is love her and pray that the medication they have put her on works. I know it is more than difficult for those who have the disease, but it is also extremely difficult for those who love them when it goes untreated. It is time for everyone to become better educated on this disease. All I can do now is to continue to pray that the medication works. Mel
In the past I have been discriminated on because of my disease. But it was also because I did not “maintain” my level of treatment as I should have. I now understand the disease more and deal with it in a mature and proud manner. I control the disease, it does not control my life. I still am very careful who I tell because there is a “stigma” that exsists no matter how highly educated you are or how “normal” you function on a day to day basis. I now only share my diagnosis with very close friends and family.
I was diagnosed w/ bipolar by the insurance company/medical group I work for. I was then required to get a FMLA repeatedly. I complied. However, the wording of my doctor on my FMLA was never adhered to because my supervisor either didn’t understand or didn’t read what my doctor had written; so, now I am being quietly “separated” from my job due to technical issues that arose due to the non-compliance w/the FMLA. It is a sad form of discrimination that I feel has occurred ever since I disclosed my bipolar condition. I wonder how a medical organization can get away w/ diagnosing their own employees conditions and then slowly discriminate against them for said conditions.
Wow, that last post certainly resonates with me. I am 39, experienced my first manic episode ever in 3/2007. I’d been on anti-depressants for years, and pretty much had complete remission with as sad day here and tehre. In early March I developed full blown mania which got progressively worse until 3/22 when I showed up at work completely psychotic. The police were called and i was committed on a 5150 hold to an IP MH ward. I was extremely aggressive, and made several calls to the executives at the company I worked for (ironically a MENTAL HEALTH INSURANCE company); the chief medical director was the one who actually had me committed.
I got out of the hospital on the 3/27 or something like that, and was contacted by HR telling me that my resignation was accepted and that I’d get a week’s pay severance and insurance thru end of April. How generous!!
Of course, I didn’t care cause I was still pretty manic and that continued until the end of MAY when I crashed – and I mean crashed hard. I fell into the worse, most debilitating depression of my life – suicidal every minute of every day for eight months straight – utter hell. I lost everything – my flat, my job, had little money, no insurance and was forced to leave the west coast and return to rural NC, where public mental health services suck! I tried to access care but the hoops to jump thru was more than I can handle. I was probably hovering around a 5-10 on the mood scale.
Thx to a generous relative, I was able to get back to CA, and have managed to get back on my feet. Been on a new job for a year, and have even completed a class. I’m doing okay. The meds didn’t fully kick in until about 2/08, and I enjoyed a ‘pink cloud’ for about six months. In 3/08, I started thinking about how the Mental Health Insurance company treated me, and I got pissed. Probably the one year anniversary affecting me. I wrote a scathing letter to the CEO of the company who has no mental health training whatsoever. I never got a reply. Surprise! In May/June I spiraled into a hypomania, and wrote several letters/emails sometimes w/ carbon copies to mental health advocacy groups. I even wrote a letter to my city council outlining what i want to do with the money and again sent carbon copies to my former employer.
I now have an attorney. I regret the letters I sent, pretty outrageous, fueled by my anger and obvious hypomania. I’ve shared everything w/ my attorney and he still thinks I have a good case. Of course my old employer’s response to the letter of representatin letter was bullshit –
I was “let go” because of -
leaving the office on 3/19 and 3/21 without permission – DUH – These dumbshits were the ones who realized I was psychotic and had me committed. Geez.
Send good thoughts my way. If I win this thing – and I know in my heart I am – I am planning to take very little money for myself – a new car modest, pay off debt, emergency savings and the rest goes into a trust to establish a nonprofit retreat for depressed/bipolar folks.
Out of this darkness and craziness I am more compassionate and empathetic – way more – for people struggling w/ mental illness and want to use this darkness for good – to help others – to heal myself in a manner that is reciprocated and has far reaching effect.
All I can say about behavioral health care companies is – BASTARDS!