Accepted Answer

Mental disabiliites are NOT generally actionable unless you prove it is more than temporary and permanently impairs a major life function. Under the Americans with Disabilities Act you cannot just say you have a disability, you have to notify the employer and then you have to ask for a reasonable accommodation based upon that disability or your employer has to treat you as though you have a disability. Additionally, as long as the employer is not terminating you based upon your disability or creating the environment based on your disability or perceived disability the ADA does not get implicated, but you still should file your claim based upon retaliation under the FMLA and workers compensation with the state commission on human/civil rights (regardless you cannot sue for hostile environment until they give you the right to sue letter anyhow).

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Expert:	PaulMJD
Pos. Feedback:	99.5 %
Accepts:
Answered:	1/2/2009

Attorney

20+ Years of Employment Law Experience