
Dallas Employment Trial Lawyer Austin Campbell
In this blog, I address the confusion a number of potential clients have had between the concept of it being unlawful to discriminate against them due to a mental health disability, and the experience of mental anguish or emotional distress caused by their workplace. Specifically, a workplace exacerbating or even creating a mental health disability is not the same thing as being subjected to disability discrimination. Can those two things be related? Very possibly, and they often are. But they are not one-to-one.
First of all, the Americans with Disabilities Act as currently amended – along with various states’ laws – prohibit employers from discriminating against employees (1) because of their disability, (2) because of their past history of having a disability, (3) because they appear to have a disability, or (4) because of their association with another person with disability. And “disability” here is much broader than most people think. It is not just missing a limb or being unable to walk. Rather, a disability protected by the Americans with Disabilities Act is any physical or mental impairment that substantially limits a major life activity. “Major life activities” can include many things, from driving or speaking to concentrating or sleeping.