Is this discrimination under the ADA?

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In addition to my ASD, I have bipolar disorder NOS, low muscle tone on my right side, and anxiety. A few incidents arose last month which disrupted my workplace: I experienced hysterical episodes due to the bipolar disorder, and I fell on the ground, as a result of my muscle weakness. When I fell, I was unable to get myself up, and I needed the assistance of others. This stressful incident exacerbated my mental health issues, and I began to laugh and cry uncontrollably. My employer placed placed me on a four-month unpaid leave in response to this episode, explaining that my balance problems and hysterical incidents are distracting to both coworkers and the clients that we serve. I understand that these problems are disruptive to my coworkers, who often have to assuage my hysterical episodes or physically assist me when I fall down. However, these issues had never directly interfered with my ability to provide services to our clients. I was told that it was inevitable they would surface during a session with a client. At my job, I am always in a sitting position when I work with clients, so the chance that I would lose my balance is very low. The majority of these muscle lapse episodes occurred when I was walking around in the break room getting tea, filing papers, cleaning up, etc., so I had very little reason to believe my balance problems would suddenly disrupt my sessions with our clients, as we always are positioned at a desk. Interestingly, the majority of my hysterical episodes followed these balance issues (as a response to stress), so based on my past pattern of hysterical incidents, it seemed unlikely that they would surface during a meeting with a client. Regardless, I was told that I would not be permitted to work until mid-winter. I asked if I would be allowed to return early with a clearance from my doctor, documentation that I was on medication for bipolar disorder, and evidence I was participating in occupational therapy for my muscular issues, but it was made clear that I would have to wait until the four months was over.

I have not since experienced any hysterical episodes, so it is frustrating that I am not allowed to work. I want to return to work as soon as possible since my hysterical episodes have been mitigated. My supervisors were concerned that I was too emotionally imbalanced to work, hence why they ordered that I take four months off, but since I am now mentally stable, am I allowed to return under the ADA? I have a clearance from my primary care doctor.

While my balance issues continue to remain a challenge, is it legal that I am prohibited from working due to the falling episodes? Motor coordination is not a requirement for my job, since most of my work takes place sitting at a desk. I understand that my falling episodes may prove frustrating for my coworkers who have to help me off of the ground, but regardless, isn't the ADA designed to cover situations like this? I will fully admit that my balance problems disrupt my workplace, but they have not prevented me from performing the duties of my position.

I don't know about the ADA issue, but do you use an adaptive device such as a cane for walking?

The issue is that my doctors aren't exactly sure what is going on with the muscle tone. My balance comes and it goes. Some days go by without any falling episodes, but on other days, I might fall three times in the span of fifteen minutes. The issue isn't that I can't walk, it's just that I go through periods where I lose my balance, but these episodes aren't frequent enough that a cane is warranted.

It seems like your boss is bothered by the unpredictability of your falls. Even if you don't need it all the time, maybe having a cane with you when you walk around would give your boss and co-workers enough peace of mind for you to be allowed back at work soon. It would be something visible, and may make them feel more confident than occupational therapy. They wouldn't be able to see your progress in OT.

The four months is so your employer can run this by HR and the lawyers to get rid of you.

You falling for no reason is a workman's comp case in the making. Where I used to work, we weren't allowed to pick up an fellow employee after they fell/passed out/had a seizure. We could only moved them out of immediate danger. Especially if there isn't a reason. They smell a potential lawsuit.

Does your employer know about your ASD? That was the only thing that saved Fior from out right getting fired, because it is in the same category as blind/deafness. They put him on permanent work disability. I don't know if your place has long term disability insurance.

Your employer says you are a distraction to your co workers. Who the hell knows what was passed on to HR. Fior's coworkers threw him under the bus with both hands. He had an ASD, king size melt down at work due to stress. His employer eliminated his job, and said since all the jobs in the company are stressful AND deal with customer service, there was no place for him to come back to. Total BS.

I'm guessing that the employer is hoping that nothing can be found for the falling, and write it off as a hysteria reaction, secondary to the bipolar disorder. Because you are not physically fit to go back to work, they will let you go. They can do this.

I would seriously read over your employee hand book to see if there is anything pertaining to LOAs.

Right to work states suck. As long as the termination isn't blatant discrimination (we don't hire Mexicans-an example), you can be let go without reason. Like tomorrow. UNLESS you work contract to contract, then you can not be let go.

The ADA is BS. I have yet to find anyone with a mental illness that it has helped. It helps in situations like this,

You have ADHD, and to do your job you need an office, instead of a cubicle to cut down the distractions. Or you need to be moved to a quieter part of the cubicle farm.

You need to work day shift because the night shift messes up your sleep schedule and riles up your bipolar disorder.

In both cases, the employer can do something "reasonable" so you can continue to do your job. Sometimes you need a doctor's note and law suit to accomplish this.

The ADA would have nothing to offer you. You are not medically cleared to go back to work. The employer wants to be certain you aren't going to "fall", and since no one knows why you are having these episodes, they don't want the liability.

Will you have to see THEIR medical doctor for work clearance? If that is the case, kiss this job good bye, unless you have the 800 lbs gorillas for the psychiatrist AND medical that can vouch you are more stable than Jesus Christ. The type of doctors that are very well known in their fields, and are basically bullet proof when it comes to diagnosis.

I hate to be the bringer of bad news. I would run this pass a lawyer dealing with employment issues. If you can't afford that, see if you can get some one from legal aid, just to see what your rights are.

I hope you are feeling better. It has been a long three years with Fior, $10K in expenses (legal and medical), and he still isn't back to work.

Should I apply for Social Security or Unemployment? This is a tricky situation because I feel that I could work (although I don't know if I'd be able to retain the job given the volatility of my conditions), but on the other hand, my boss believes that I absolutely cannot work. If the state contacts my supervisor and ask him "why is Coralie not working currently?" he will explain about my medical issues, and then the state could deny my unemployment claim (since a requirement for unemployment is that you are actively searching for employment and could start working at any time).