Can you be fired for having anxiety/depression?

[Roux]

I am currently in my medical residency and I am concerned that I might be fired, or my contract not renewed (which is essentially the same thing) due to my anxiety/depression. I posed this question in another thread and never really got any answers (maybe because the thread was somewhat of a long rant). The more I began to think about this the more upset I became, is this discrimination? If another individual had diabetes and had to take regular insulin shots or a person who had no leg had to sit down instead of standing up all day to do a particular task (that being said both could perform the same duties as other residents just with some modification or assistance from the program) would there being fired be discrimination? I would think so.

Having said this I am in no way looking for a legal battle. Really I think I am doing what most of us who have anxiety do, look far down the road at the worst case scenarios. But I have to be prepared non the less right? I have had very few complaints about my work and in fact I am a hard worker, but some days I do struggle with my emotions and anxiety.

I have searched online and have found little regarding this I just was wondering what you all thought? Hopefully this is a non issue and I can finish and move on with my life.

[jessed03]

In the UK we have the Disability at work act. This covers basically everything from a broken toe to something severe. It basically means that an employer has to give everybody a fair chance to do their job (within reason i.e. no blind driving instructors.) This covers like you said, giving a diabetic discretion to take care of insulin, creating ramps for disabled workers etc. Are you American? I'm sure they have something similar in place, I imagine it differs by state. That being said, anxiety isn't as well covered in this act. An employer has the responsibility to do the best for the workers, after all, the better you do, the better they do. However that isn't to say that when contracts come to be renewed, or when it's time to make cuts demanded for in the company budget, that an anxiety sufferer wouldn't be the one to go.

Directly, one can't be discriminated against for mental health, but a whole host of other reasons could be given for dismissal, including not meeting your goals. Thats one reason it's always good to let your employer know of any difficulties that affect your work performance.

It all depends mainly on how well you can do your job, and how well you can handle your duties. If you need a little flexibility here and there, your employer, assuming they don't play dirty, is obligated to give it in many respects. In your case, it sounds like you're able to carry out your tasks well, and perhaps need a little flexibility here and there. Assuming you do a good job, and you are able to meet objectives, and are reasonably reliable, it doesn't seem like there would be a problem.

[Roux]

Yes I am American and I assumed that this was covered by some sort of legislation. Thank you

[alankay]

Roux, I'll try to find more but I've found this so far. It's a start and I've wondered about this in the past. Alankay

http://www.bu.edu/cpr/reasaccom/whatlaws-enforc.html

[batman214]

Hi, Roux. I think that this falls under the Americans With Disablity Act. If you have a diagnosis from your Doc. that should be good. I know this isn't much, but I hope it helps. Good luck. Batman214

[Roux]

Yes I do have the diagnosis, well it's in the differential diagnosis, by a third party psychiatric evaluation. Additionally my therapist has come to this conclusion independently as well. So I do have the diagnosis from two different sources. I just don't think I should be expected to change my personality due to my employer's wishes even though it is not significantly hindering my performance. It apparently has been noticeable but I personally think they should work with me and not expect 100% of the change to come from me. That being said I would love to change my personality, I have been trying to change it for many many years. It's all just very frustrating. Thanks everyone for the info. Roux

[alankay]

They must work with you under reasonable accommodation laws.

http://www.lawmemo.com/101/2006/01/reasonable_acco.html

[Schatmeisje]

i was fired due to panic attacks at work as the company said they impacted on the efficient running of the office, i worked in an office that was connected through to a national company, and all stats showed that i was the most productive member of staff, and even that didnt help. They basically gave me 4 weeks to be 'cured' LOL (if only it was that easy!) I think it takes both parties to work together and sprt out a solutions that works for both of you. Good Luck xx