Your conditions most likely qualify as disabilities under the Americans with Disability Act, and thus you would be entitled to its employment protections.
Although clinical depression is a mental impairment under the ADA
, not everyone with clinical depression will qualify for coverage. In 1999, the Supreme Court ruled ( Sutton v. United Airlines, Inc., Murphy v. United Parcel Service, Inc. and Albertson's Inc. v. Kirkinburg) that the determination of whether a person has an ADA "disability" must take into consideration whether the person is substantially limited in performing a major life activity when using a "mitigating measure". This means that even though clinical depression is a permanent condition, if you are able through medications and therapy to perform major life activities without difficulty you will not meet the ADA's definition of "disability."
So, in the end, if you were terminated because of these conditions, this would be considered illegal discrimination
and you would be entitled to file a claim with the EEOC
against your employer.
This is not something you want to add to the list of what you are going through. To avoid this situation, you need to approach both your medical doctor and your psychiatrist/psychologist and ask them to draft you letters recommending that your employer reasonably accommodate your condition by allowing you to work less hours or move you to a different position within the company. Your doctors will need to specify in their letters that this is done pursuant to the ADA.
You want to do this to put your employer on notice that you have disability conditions which he should not discriminate against and that you have a right to continue working within your limitations. If your employer chooses to go through with his threat to terminate you, then you have set him up perfectly for an EEOC claim.
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