Disability Rights

The National Institute of Mental Health estimates that about 20% of the population will experience a psychiatric disability during their lifetime. Given how common mental health issues are, the workplace is a common area where the needs of employees with psychiatric conditions may clash with the way management wants and needs to run an operation.

Whether you can be fired for behavior that was caused by your disability depends on the circumstances. If you act out in a way that’s sufficiently disruptive, or if you threaten yourself or others, your employer could discipline you (up to and including termination), even if a disability is ultimately to blame. Disability discrimination law

When a statute does not spell out a framework for a plaintiff’s case, judges will assemble one. For plaintiffs suing under the Americans With Disabilities Act, the appropriate framework can vary, depending on which court you are in across the country, because the statute does not specify how plaintiffs should go about establishing a discrimination

If you have been diagnosed with a physical or psychiatric condition and you need some help from your employer, you may want that help, but you also may want to protect your privacy. As with the rest of life, there is no free lunch under the law. If you want help, you may need to

This is a guest post by Clay Hodges, a trial lawyer who specializes in products liability and personal injury law with the firm of Harris Sarratt & Hodges LLP in Raleigh, NC. He writes about failed medical devices and harmful drugs here. My clients have had to endure physical and emotional trauma when their artificial hip surgery fails.