A worker with bipolar disorder was awarded more than $56,000 after a federal district court found that his employer fired him because of his disability, in violation of the Americans With Disabilities Act (ADA).
The case is one of the first bipolar disorder suits the U.S. Equal Employment Opportunity Commission (EEOC) has brought to trial.
The plaintiff, Sean Reilly, managed a payday loan store for The Cash Store. After stopping his bipolar medication, he experienced a manic episode. His family explained the situation to his employer and requested that he receive one to two weeks’ leave to rebalance his medication.
Reilly’s supervisor denied this request and insisted that he return to work. While at work that week, Reilly used an obscenity in a work document and was fired.
The EEOC filed suit on his behalf, alleging that The Cash Store failed to accommodate his bipolar disorder when it denied him leave and terminated him based on his disability.
In considering a motion for summary judgment by The Cash Store, a The U.S. District Court for the Eastern District of Washington determined that Reilly did not have a disability but was regarded as having one. Because he met only the law’s “regarded as” prong of the definition of disability, Reilly could not allege that he was entitled to an accommodation. He was permitted to continue, however, with his wrongful termination claim. (This case was evaluated under original ADA and relied on case law that is now invalid; Reilly may well have succeeded with his “actual disability” claim had the actions in question occurred after the ADA Amendments Act’s effective date.)
At trial, the EEOC succeeded in showing that Reilly was regarded as disabled and fired on that basis. The court awarded him $6,500 in back wages and $50,000 for emotional pain and suffering. The Cash Store also must train its managers and human resources personnel on anti-discrimination and anti-retaliation laws, according to the EEOC.
“The court sent an important message today that employers can’t substitute fiction for facts when making employment decisions about disabled workers,” said William Tamayo, the EEOC’s regional attorney in San Francisco. “Employers acting on outdated myths and fears about disabilities need to know that the EEOC will not shy away from taking ADA cases to trial to bring them into the 21st century.” (EEOC v. Cottonwood Financial, Ltd., No. CV-09-5073-EFS (E. D. Wash.))
I’m so glad I read this article! I also suffer from BiPolar Disorder. 9 months ago I was fired from my place of employment because of a mania episode that caused me to seek hospital treatment. I was told my job would be waiting for me. I loved my job. I was employed for 3 years, with excellent annual reveiws. Never once did I call in sick, and was always available when others did. I got along with everyone and actually enjoyed going to work. I was complimented plenty of times for all the hard work I did and I felt appreciated. However, when I called my GM to inform him I was ready to come back to work, he stated over the phone I had aleady been terminated. I said “WHAT! You can’t do that!”. He then stated, “Well, come in and we’ll discuss it”. I did. He suggested I resign. 3 days later, I was back in the hospital for 4 weeks. I was super depressed and felted betrayed, for I truly thought my job was secure, because of all the hard work I did and how it felt like home to me. Anyway, I have a lawyer who is helping me and a demand letter was recently sent out to my previous employer. It may go to trial. We’ll see. My spirits were lifted when I realized today I’m not the only one suffering with BiPolar and trying to stay employed.