Job Discrimination, Manic Depressive Person?

Question

We bring several hundred people a year to foreign lands for jobs and culture exchange. Today, a guy calls up and says that one of the teachers in our program is manic depressive and lied on an application form. That he's collecting money from the government and taking medication.

So upon further quetioning of this individual, I find out that this teacher was engaged to his daughter, lived with them for a time, and that this guy has a personal vendetta against the teacher.

So my question is: 1) What to do in a situation like this, the teacher was required to complete a medical evaluation and passed with flying colors from his doctor. Is there a legal basis for not hiring a Manic Depressive who is on medication? Seems like discrimination to me!

This teacher passed several interviews, is highly educated and seems of good moral fiber.

What should I do about this guy who is trying to make trouble, he even contacted the consulate of the country where this guy is.

Answer 1

Every time you recognize a difference or draw a line between two people, it's technically discrimination by the definition of the word.

However, most types of discrimination are perfectly legal and reasonable. Companies can discriminate when hiring based on whether someone has graduated college, or holds a particular license, or based on how much experience they have in the job. Companies can also discriminate based on job requirements, such as how much a person can lift, or whether they have other necessary skills.

So, if mental stability is a requirement (and I would hope so, for teachers), then it is valid for a company to "discriminate" (set requirements) based on whether the person has a mental illness or not.

Answer 2

Bipolar is a SERIOUS mental illness, that does have the potential for harm to self or others. Or, it can be managed, under control. The bottom line is if the person IS bipolar, if it IS prohibited by this employer, and the person DID lie.. then it is fairly clear. There are many employers who absolutely prohibit persons with a history of mental illness, and it is not discrimination.
One common characteristic of persons w/ bipolar, is a faulty recognition of the problem, and a BIG tendency to deny things. One way is to "counter attack" the other person, as being against them, vindictive or lying. What the teacher describes as a "vendetta" MAY BE SOMETHING with an entirely valid basis. It would be irresponsible to blow off this guy, as just trying to make trouble.
This is a topic I have FAR too much experience with, since I have a daughter who is bipolar.. and comes close to also being a pathological liar. She can appear very capable on the surface... until you see her "in action".

Answer 3

Mental illness is considered to be a disability, so yes it could be discrimination. Plus there has obviously not been an reason that person has done anything to merit job loss.