Question about workplace discrimination lawsuit.. opinions please

[LDS Jock]

A friend from my bipolar support group is still having work problems. Last year, during a period of severe problems with his bipolar disorder, he told his employer about his problem, and he was told to resign from work, take care of himself, and reapply after he was better. He did so, only to be told he was ineligible due to absences. His absences, all but one, were documented with a doctor's excuse from his psychiatrist so they should all be excused. One absence should be no big deal. They still won't let him come back to work. He filed a petition about discrimination and the company allowed him to reapply. He was turned down. He applied again after six months, this time through a temp agency since that is the way they are doing their hiring now. Turned down again, but he found out his interviewer recommended him for hire but the company declared him ineligible for rehire again. Now, he fought with them again, was declared eligible for rehire again, so applied through the temp agency once more. Today he found out he was turned down, this time for being vague in his interview.

This is of course not all of the details, but does anyone else get the sense he is never going to be allowed to return back to work there? I hate to be the one suggesting legal action, but it seems something is not right here. What are your opinions?

[commander bunnypants]

1. mental illness stigma

discrimination

CB

[LDS Jock]

2. I'm afraid that's what it is too

and I'm sad. You would think people could move on beyond this.

[DU9598]

3. Perceived as disability under the ADA

Chance of winning are very, very poor. With the current and future makeup of the supreme court I don't know if it is worth his frustrations and time. If he can find an attorney to file a claim for him with the state civil rights agency, that may be an idea to try to conciliate a return to work. But, the claims are very time sensative - in Iowa only 180 days. EEOC is 300 days.

Best of luck to him! He will need it.

[MrUnderhill]

4. The real problem is...

..right there in the beginning. He was having health problems related to a mental condition and he "was told to resign from work, take care of himself, and reapply after he was better"?????


Not FMLA? Not short-term (or long-term) disability??

Just "resign and reapply"??

THAT is the crux of the case. I would imagine that if he can document (witnesses?) this part of the story, he has grounds for a discrimination suit.

If he QUIT... they don't HAVE to hire him back... but I don't think that's the real issue here.

[LDS Jock]

7. That didn't make sense to me either

resign and come back later? I don't know if it can be proven although I trust his word. It shouldn't be this difficult.

[DebJ]

5. did he tell the employer on his original application for employmnt

that he has BP? If the employer knowingly hired him with BP, then they are required under the ADA to make accomadations for his condition. My understanding is that if they did not know that at the time of the original hire, then they are not required to make accomodations.
My son has BP, too.
A sticky point that arises is that some stupid courts have said, well, if you have BP, but get medicated, then the medications mean you no longer suffer the symptoms and therefore do not need to be accomodated....funny, no one ever tried that CRAP with a diabetic...

[LDS Jock]

6. No, he did not

I asked, and no. I wouldn't do it either. I did not know they weren't required unless revealed in the hiring process. That doesn't seem fair. Damned if you do, damned if you don't.

[LDS Jock]

8. kick.. any other thoughts?

:kick: