Greater access to mental health care and changing societal norms have led to a better appreciation of how common mental health problems are. Many workers in Michigan live with conditions that affect their behavior or cognition, yet are functioning members of society. In recognition of this fact, both state and federal laws protect workers from being terminated for health-related reasons, including mental health issues. So, if you’ve recently been fired and suspect that it may have been because of your condition, you might be wondering if you were wrongfully terminated. Here’s what you need to know about your rights, and how you can assert them.
Mental Health, Employment, and the Law
In Michigan, employees work for employers “at-will.” At-will employment means that an employer may terminate an employee for any reason or no reason at all, so long as the employer does not fire the worker for a reason that violates the law or public policy. The law prohibits employers from engaging in employment discrimination against a worker due to that worker’s disability or perceived disability. The specific laws involved are the federal Americans with Disabilities Act and the Michigan Persons with Disabilities Civil Rights Act. They bar disability discrimination in the workplace.
A person’s mental health issue may qualify as a disability entitled to legal protection under employment laws. To qualify, the condition must substantially limit their major life activities or their employer must perceive their mental health condition as a disability (even if it does not limit their activities). The law requires employers to provide reasonable accommodations to workers to enable them to perform the essential functions of their jobs, rather than immediately terminating a worker with a disability.
When Termination for Mental Health Reasons Becomes Illegal
Terminating an employee for a mental health issue may violate state and federal employment laws under various circumstances, such as:
- Firing an employee because they have a diagnosed mental health condition, such as depression, anxiety, post-traumatic stress disorder, or bipolar disorder
- Refusing to discuss or provide reasonable accommodation when an employee’s mental health condition limits their ability to do their job
- Terminating an employee in retaliation for requesting or taking protected medical leave under the Family and Medical Leave Act to obtain mental health treatment
Employee Rights and Reasonable Accommodation
In addition to legal protections from unlawful termination, employees with limitations due to a mental health condition can request reasonable accommodation from their employers. A reasonable accommodation might include:
- Altering an employee’s work schedule (allowing them to come in earlier or later or to work fewer hours)
- Providing a quiet workspace
- Granting frequent breaks during the workday
- Providing intermittent leave for treatment
An employer must engage in the “interactive process,” where the employer and employee discuss potential accommodations. Furthermore, the law prohibits employers from treating an employee differently, or singling them out due to their mental health condition.
Contact an Employment Law Attorney Today
Although Michigan’s at-will employment system allows employers to terminate workers for many reasons, firing an employee for a mental health issue may violate the law. Contact Fagan McManus, P.C., today for a free, confidential consultation with an employment law attorney, and learn more about your rights under the law.
