Legal Question in Disability Law in Michigan
Harassment by Supervisor and Coworkers after release from Psych Hospital
My employment with a Fortune 500 firm was termed on 04/21/97. I had been diagnosed with Clinical Depression by my psychiatrist back in 1993. I have been hospitalized for same diagnosis in August of 1996 after a suicide attempt. I kept my supervisor and case manager abreast of my recovery. Once I returned to work, my supervisor and coworkers harassed non-stop until my supervisor finally termed my employment. The harassment was regarding my job performance, which my supervisor alleged was not satisfactory, and not due to my disability. However, I feel that since she knew my mental condition, she unduly harassed me just to try and get me to quit, which I did not. Do you feel that I have a case under the ADA Law?
1 Answer from Attorneys
Termination for Health Related Problems
The Americans With Disabilities Act requires that an employer provide an employee with a reasonable accommodation to enable the employee to perform the essential duties of the person's job. If the person cannot do the job, even with an accommodation, then the employer does not violate the person's civil rights by terminating the person's employment. A reasonable accommodation could arise in a number of ways, and the Act does not specify what form the accommodation should take. If the employer is aware of the need for the accommodation and fails to provide it, which results in poor performance by the employee, then the employee's civil rights may have been violated. You should consult with an attorney in your area to discuss the particular facts and circumstances which affect your rights, inasmuch at this is a statement concerning the prevailing law and does not constitute legal advice.
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