Legal Question in Disability Law in California

Re: Teacher with bi-polar diagnosis

I can not say with certainty the best way to go about this, largely because I am not familiar with what you were accused of and what evidence they have, or claim to have, in support of that claim.

One approach you might take is to bring a claim of employment discrimination under the Americans with Disabilities Act ("ADA"). Under the ADA, if one is disabled ("substantially limited in one or more major life activities") but still able to perform the essential functions of his or her job, then the employer must offer a reasonable accommodation. Here, your condition appears to be sufficiently substantially limiting in one or more major life activities. Are you able to perform the essential functions of your job? Was the incompetence you were accused of because of some failure on their part to give you a reasonable accommodation?

If they are refusing to allow you to return to work because a nurse -- and not your doctor -- decided that you must receive ongoing treatment, this could constitute employment discrimination.

To pursue this claim, you must file with either the EEOC or the DFEH. You can choose one or the other -- nto both. Some salient differences between the two:

1. The EEOC is a federal agency, and enforces the ADA. It is more difficult to qualify as "disabled" under the ADA than under the state counterpart.

2. The EEOC has greater resources than the DFEH, and if a claim appears valid on its face, the EEOC will be more thorough in investigating and attempting to bring about a resolution.

3. The statute of limitations to file with the EEOC is 300 days. The SOL for the DFEH is one year.

If it has been within 300 days that they took what you believe to be discriminatory action against you, you should contact the EEOC. Find out which office has jurisdiction over the county in which you worked. You can file a claim through the mail, but the process is much, much quicker if you are able to file in person. If you live some distance from the local EEOC office, it would be worth the effort to make the trip.

Good luck.