Mental health conditions are protected under California and federal law. If you were terminated for disclosing your condition, requesting accommodations, or taking leave for treatment, your firing may have been unlawful. Contact our wrongful termination lawyers in Orange County to schedule your free consultation today.
Under both California and federal law, employees are protected against discrimination based on mental health conditions. The California Fair Employment and Housing Act (FEHA) and the Americans with Disabilities Act (ADA) classify mental health conditions as disabilities when they limit one or more major life activities, such as concentrating, sleeping, working, or interacting with others. Common conditions covered under these laws include:
These protections mean that employers cannot treat you unfairly because of a diagnosed mental health condition—or because they believe you have one.
California is an at-will employment state, meaning employers can terminate employees at any time, with or without cause. However, firing someone for a discriminatory or retaliatory reason violates state and federal law. Termination can qualify as wrongful if:
For example, if you told your employer you were struggling with severe anxiety and needed a modified schedule, and you were terminated soon afterward, that timing could indicate unlawful discrimination or retaliation.
Both FEHA and the ADA require employers to provide reasonable accommodations to employees with disabilities, including mental health conditions, as long as those accommodations do not cause undue hardship to the employer. Reasonable accommodations may include:
To obtain accommodations, employees must usually disclose their condition to the employer and provide documentation from a medical professional. Employers must then engage in a “good faith interactive process” to discuss possible adjustments. If an employer refuses to provide accommodations or uses your request as a reason for termination, that action may constitute wrongful termination and disability discrimination.
Employees who assert their legal rights are also protected from retaliation. California Government Code §12940(h) makes it illegal for employers to punish workers for opposing discrimination, filing a complaint, or requesting accommodations. Retaliation can take many forms, including:
Even subtle actions that create a hostile or discouraging environment can be considered retaliation under the law.
If you suspect your employer fired you because of your mental health condition, your wrongful termination claim in Orange County will likely rely on proving a connection between your disability and your termination. Evidence can include:
Together, this evidence can demonstrate that the stated reason for your firing was an excuse used to cover up an illegal motive. Contact us for a free consultation today.