Discrimination Against Bipolar Disorder in the Workplace
Nearly 14 million Americans experience some form of bipolar disorder, according to the National Institute of Mental Health. Several kinds of bipolar disorder exists. Each kind is characterized by the length, frequency and pattern of episodes of mania and depression, according to the Depression and Bipolar Support Alliance. Bipolar disorder is protected as a medical disability under state and federal law. If you or a manager at your business discriminates against an employee because of bipolar disorder, the employee may file a charge of discrimination with the Equal Employment Opportunity Commission.
What is Bipolar Disorder?
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Bipolar I Disorder is characterized by one or more manic episodes or mixed episodes (symptoms of both a mania and a depression occurring nearly every day for at least one week) and one or more major depressive episodes, according to the Depression and Bipolar Support Alliance. It is the most severe form of the illness. Bipolar II -- often misdiagnosed as major depression -- is characterized by one or more major depressive episodes and at least one episode of hypomania, with possible periods of level mood between episodes, according to the alliance.
Is Bipolar a Disability?
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Bipolar disorder causes disability -- both psychiatric and medical -- in the depressed phase of illness, according to Manic-Depressive.net. Employees suffering from periods of depression may experience prominent cognitive difficulties that can limit their ability to perform basic work activities, and, in some cases, lead to short-term occupational disability.
Equality Act of 2010
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As a business owner, you cannot discriminate against an employee who is diagnosed with bipolar disorder. The Equality Act of 2010 protects employees from discrimination based on age, disability, gender reassignment, race, religion or belief, sex, sexual orientation, marriage and civil partnership, and pregnancy and maternity. If you fire or demote an employee based solely on his disability, you may face an employment discrimination charge.
Under the American Disability Act, the term "disability" means a physical or mental impairment that substantially limits one or more of the major life activities of an individual or being recorded as having such an impairment.
An employee suffering from bipolar disorder should receive days off to adjust to the side effects of new medications or attend therapy sessions or doctors' appointments. If the employee's condition is exacerbated by complex work assignments, she should be given additional time to complete the tasks. If such accommodations are not made, your business may be liable for discrimination.
The Equal Employment Opportunity Commission
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The Equal Employment Opportunity Commission is a federal agency that protects employees from discrimination and harassment at work. EEOC investigates complaints of job discrimination based on race, color, religion, sex (including pregnancy), national origin or disability, according to its website.
An employee must file a job discrimination complaint with the EEOC within the time limit allowed by law. The deadline can be as long as 300 days if the complaint is covered by a state or local anti-discrimination law. To win a discrimination lawsuit, the employee must show that he was discriminated against because of his disability. Discrimination may include firing, lack of reasonable work conditions or harassment.
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Writer Bio
Charlie Gaston has written numerous instructional articles on topics ranging from business to communications and estate planning. Gaston holds a bachelor's degree in international business and a master's degree in communications. She is fluent in Spanish and has extensive travel experience.