Is Bipolar Disorder a protected class? (unemployment, coworker, medical, supervisor)

[Chatteress]

Originally Posted by cantthinkofaname

Over protecting them is not the solution. When they are adults they know to get into therapy and they know to take their medication. Mistique13 is not talking about the mildly bipolar. You seem to be confusing that by saying how they are able to lead normal lives...yes they are capable but not when they are severe and not when they don't take necessary steps to be able to work with people. Excusing the behavior over and over and over again only shows them they can get away with anything they want and that does not help them or anyone else.

Who says that I'm making excuses for bipolar people ... I clearly stated earlier in this thread that the ADA does not protect abusive employees regardless of their mental condition.

[gizmo980]

Originally Posted by Mystique13

You need to stop being overly defensive and realize nobody cares if someone is "severely" or "non-severely" bipolar.

I care, and apparently a few others here care as well... but I guess we don't count?

When does non-severely become severely? Nobody wants to walk around on eggshells all day because that's what's it's like. Again, there is no guarantee that the sick person is seeing a doctor or taking their meds.

How do you even know the mental health history of your co-workers and supervisors? I was a manager at my former library, and only one person knew about my OCD condition. Medical conditions of any kind, whether mental or physical, are protected under privacy laws... therefore it's not only none of your business, but YOU could be in legal trouble for asking. And there are many levels of mental illness, ranging from mild to extreme, so you just can't paint such a broad picture. It's like comparing somebody with bronchitis to someone with stage IV lung cancer, for crying out loud.

So we come back to the issue of severe vs mild, which matters MUCH more than you apparently realize - as only the most severe & untreated cases would be obvious, and for all you know 90% of your colleagues could be in therapy. As I said earlier, my former supervisor received ongoing treatment for depression, which never would have occurred to me (until she talked to me in private about it). She'd been a department manager for around 15 years, and was one of the best supervisors I've ever worked under. Go figure.

Many people aren't going to stick around to find out. Maybe it would have helped to tell the woman who was pushed off the subway platform into the path of a moving train that her bipolar,off the meds homeless attacker was "ADA protected." I'm sure it would have helped for her family to know that; her husband and son. I'm sure it would have made a difference for them to know this fact.

What on earth does that have to with workplace situations? Something like 80% of homeless people have severe untreated mental illnesses, and the story you cited is the result of that... clearly he was not fit for work of any kind, so to use him as an example is completely off-base. Not to mention, ADA laws are only relevant to employment and housing - neither of which are related to a homeless man. Try again!

[Lolipopbubbles]

Originally Posted by Chatteress

Who says that I'm making excuses for bipolar people ... I clearly stated earlier in this thread that the ADA does not protect abusive employees regardless of their mental condition.

And you also say they have problems when they don't take their medication and/or when they don't get into therapy. You can't just say well not all are like this and then turn around and say it's because they don't do what they should. I know not all bipolar people are the same but the fact is so many of them are permitted to get away with entirely too much whether they are severe or not. You sound like you excuse their behavior. It may be a reason why they get the way they do but it's no excuse. They should be transferred into a position more suited for them.

[tatsnbikes]

Originally Posted by annerk

I would hire someone who is bi-polar. I have a friend who is an executive at a Fortune 100 making $250K a year BEFORE BONUS who is bi-polar. He is brilliant--particularly so when going through a manic episode--and his employer is smart enough to realize that he adds more to the company than he takes away.

Even when taking meds, a bi-polar person can run into difficulties at times with their illness--yes, it's an ILLNESS and should be treated with the same compassion as ANY OTHER ILLNESS.

A SMART manager understands this and will work with the employee, giving time off now and then as needed.

That said, someone who routinely refused to take medication wouldn't be someone covered under the ADA--they aren't asking for reasonable accomodation.

But an employee who is bi-polar who has a manic episode while at work, even though they are medicated, yes, that person is covered under the ADA. And yes, that person is as deserving of keeping their job as the woman going through chemo with no hair and face puffed from steroids who is frightening looking to little kids who vomits all over the floor in front of those same kids.

Do you know where to go for legal proof of this statement? My son was recently diagnosed as bi-polar, (i have known this for awhile) and has just started taking medications for it. He did disclose this to his supervisor. One night last week he had an outburst at work because his supervisor assigned him to a job that was not his and he had seniority over another new employee (the sup's friend) who never has to do the crappy job. My son got angry and said he was not doing the #%$$^ job in front of his team. (It is common for all of them to cuss on 3rd shift including the sup.) He did go to fill out the paperwork for the job anyway but his sup. told him not to worry about it, he could perform his job and someone else would do the other one. The next night when he came in, his sup. told him he was terminated. My son refused to sign off on the termination paper. He is being called into HR tomorrow to speak to them about the incident. Here is the other thing...the supervisor leaves work and leaves my son in charge. He purchases alcohol for them(even minors) and brings it back to them at work. My son has all this information and people involved, but if he tells on the supervisor all his friends will loose their jobs as well. So you see that they did not have the typical supervisor/employee relationship to maintain safe working practices. Also, the supervisor was terminated himself from his last place of employment for leaving and not coming back. So if my son tells all, then the illegal drug practices will come out also. I know for a fact that all of this is true. We live in KY and it is a horrible place for illegal drug trafficking. He does not want to be "black-balled" and some of the employees involved have been asked not to say anything on his behalf because they too will be looking at termination. It is a case of self-preservation for everyone. He son, BTW, has legal prescriptions and is looking to treat his condition. I don't feel he was accomodated correctly.
Now he will need legal counsil on how to proceed and he is basically on his own because of the scare tactics for the other employees. He has been performing his job duties and working over time whenever asked. This is going to be a mess. I WILL not sit by and watch him be a scapegoat, while his supervisor stays on and contributes to the problem. Any suggestions/help?

[RMD3819]

Tatsnbikes-how old is your son?

[Lolipopbubbles]

I doubt the other employees (working under this supervisor) would lose their jobs since they likely felt they had to go along with the supervisor giving them alcohol. It's common for employees to just go along with what the supervisor does just to keep their job even if they themselves don't approve or want what the supervisor offers, gives or does with them. The supervisor is an adult so I would think the adult would be held responsible

I was always taught my job is do what I am told. Today it's a little different, especially when in a supervisory position and when it comes to seniority, job descriptions are usually made clear when being hired or promoted.

ok having said all that I think your son needs to worry about keeping his job first not the other employees. That may sound cruel and easy for me to say but I have seen how people are ...yes even the best of friends at work...well at least that's what we think they are until layoffs come. Those people would sell your son out in a hot second if it meant keeping their jobs..they don't seem to be concerned about your son losing his job now do they...no because they are worried about theirs. Oh I hope there's a camera that has the supervisor on video bringing in the alcohol to work.

I would suggest having your son talk to his union rep for help with being unfairly treated on the job or threatened on the job but I doubt he's in one. Best I can suggest ask for a free consultation with a lawyer if anything just to see what your sons rights are and to find out if in fact the other employees can really lose their jobs when it was the supervisor who brought the alcohol and should be held responsible. Had the supervisor not brought the alcohol the other employees would never have had it.

[morris1994]

I am astonished at the ignorance being displayed here regarding this disorder. I suffer from Bipolar Disorder II and display none of the traits which you ignorant people describe. Calling us nutjobs and psychos is no different than hate speech. The question at hand; 'is bipolar a protected class' and the answer is yes. It is a legitimate mood disorder and I, we don't appreciate being stigmatized as hateful, swearing, unstable nutjobs. I for one hold an advanced degree and I am very successful. Yes, I take medication and yes I speak with a therapist regularly but that does not give you bigoted people any grounds to stigmatize this medical condition further. It's ignorant fools like yourselves that many people either deny they have the condition or fail to seek treatment for fear of being treated different by their peers. It is not the person that suffers bipolar disorder that is the problem; the problem lies with you insensitive and bigoted people who stigmatize everyone with bipolar disorder based on limited or just false experience with those suffering this condition. I am surprised that the people posting such hateful responses are even capable of putting together coherent sentences beyond a Dr. Seuss rhyme. You people are posting nothing but hate speech toward a group of which you know nothing about. It is not the sufferer of bipolar disorder that needs to be locked in a room to drone over a computer as their profession. It is you hateful people who need to walk a mile in our shoes to see what it is actually like to have this disorder, fight through it and succeed. You hateful people need to be locked in a room with a computer and spew your hate toward another group seeing that you are incapable of empathy and the mere attempt at intellect to understand the disorder. You hateful people are an embarrassment to humanity.

[crankywithakeyboard]

Originally Posted by annika08

... Would the non-mentally ill be afforded a "rough day" and allowed to go home once in a while?

Here you go. You can have my OCD, Generalized Anxiety Disorder and Major Depression. They are such a picnic and a complete joy in my life.

[crankywithakeyboard]

Originally Posted by Aptor hours

So you think this is how all mentally ill people act? You might need to brush up a bit on your skills and knowledge.

Yes, they are all around us and most people can't tell who's mentally ill and who is not. Guess why? We pretty much act normal most of the time and almost certainly in public. Why, you could be interacting with some mentally ill people on this very board.

[Mystique13]

If somebody has extreme mood swings and aggressive behavior, I will do everything to be as far from that person as possible. Whether it's bipolar that's causing that or not, my safety and well being takes priority. Period. I don't care if you're family, friend or supervisor. I don't care if you're bipolar, or have 5 different cancers. Once you put me in jeopardy I am done with you. Meds or not. Rich or not. Genius or not. I am done with you. If somebody wants to call me hateful, biased, or whatever, that's fine. You won't pay my medical bills if somebody with aggressive behavior hurls an object at my head, requiring stitches. When you start paying my bills, then I care what you think. Until then, you're just another poster on a forum thread.If you want to rant and rave, please, go ahead. That says more about you than me.