My disability (bipolar) is covered under the ADA. I need your help?

Question

My boss asked me the other day how many pills I take a take and when I take them. Is this legal? Indicate if you are a lawyer please. THANKS!

Answer 1

This is not legal and you should contact your Human Resources department and file a complaint. I'm not a lawyer, but I'm a Recruiter and I understand employment law. If you revealed to your boss that you had bi-polar disorder, then he can ask you "Do you feel it will hinder your job duties?". That's about all he can ask you. It's illegal for him to ask you about your medication and you can file a complaint with your HR person. In the future, I don't think you should tell people about your medical condition, unless it's going to hinder your ability to perform your job. If you don't have an HR person to complain to at your local office, then you can call and talk to an HR person at your corporate office. A last resort would be to get a lawyer who specializes in employment law. But I would only do this if you were fired or feel like your work enviornment is hostile. It's better to handle these situations directly as they occur. You can say to your boss...."It makes me uncomfortable to discuss my medication with you, that is personal". It's very hard to prove that you're being discriminated against, but you shouldn't be made to feel badly about your condition. Good luck.

Answer 2

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Answer 3

Indeed! This is not a legal question. I am not an attorney but I am a professional disability advocate.

At the Job Accommodation Network web site it clearly says:

Can an Employer Require Medical Examinations or Ask Questions About a Disability?

Once you have been hired and started work, your employer cannot require that you take a medical examination or ask questions about your disability unless they are related to your job and necessary for the conduct of your employer's business. Your employer may conduct voluntary medical examinations that are part of an employee health program, and may provide medical information required by State workers' compensation laws to the agencies that administer such laws.

The results of all medical examinations must be kept confidential, and maintained in separate medical files.

Source: http://www.jan.wvu.edu/media/RIGHTSASANIND.html

If you think you have been discriminated against in employment on the basis of disability after July 26, 1992, you should contact the U.S. Equal Employment Opportunity Commission. A charge of discrimination generally must be filed within 180 days of the alleged discrimination. You may have up to 300 days to file a charge if there is a State or local law that provides relief for discrimination on the basis of disability. However, to protect your rights, it is best to contact EEOC promptly if discrimination is suspected.

http://www.eeoc.gov/charge/overview_charge_filing.html