Can my boss fire me because they think my depression makes me unreliable?

The situation

I am currently living in Ohio and have been working as a full-time administrative assistant at a local logistics company for about three years. I have always been a great employee, but lately, I have been struggling with severe clinical depression. I haven't missed a single day of work, but my manager, Sarah, called me into her office last Tuesday, October 10th, to tell me that she is worried about my 'mental state.' She said that even though my performance is fine right now, she thinks my condition might make me a liability for the team in the future and that they might need to let me go to keep things stable. I tried explaining that I am working with a doctor and that my work quality hasn't dropped, but she just said she couldn't take the risk. I am terrified that I am about to lose my paycheck and my health insurance because of a medical issue I can't control. I am unsure if it is actually illegal for a company to treat me differently or threaten my job just because they perceive me as having a mental disability, even if I am still doing my job perfectly well.

Detailed Analysis

Based on the facts you provided, your manager Sarah's comments suggest your company may be engaging in unlawful discrimination. Under the Americans with Disabilities Act, a 'covered entity' (which includes most employers) is prohibited from discriminating against a 'qualified individual on the basis of disability in regard to... the hiring, advancement, or discharge of employees'^[1]. A 'qualified individual' is someone who can perform the essential functions of their job with or without reasonable accommodations.

Crucially, the law protects you even if your employer is acting on assumptions rather than your actual current performance. The law finds that 'others who have a record of a disability or are regarded as having a disability also have been subjected to discrimination'^[2]. This means that if Sarah is treating you differently or threatening your job because she 'thinks' your mental state makes you a liability, she may be discriminating against you based on a perceived disability.

Because you stated your 'performance is fine right now' and you have 'not missed a single day of work,' you appear to be a qualified employee. The law prohibits an employer from 'limiting, segregating, or classifying' an employee in a way that affects their status because of a disability^[1].

However, the law is unsettled regarding whether an employer can legally claim a 'direct threat' defense. An employer might argue that a person's condition poses a risk to safety, but they must prove this is a 'business necessity'. Since you are an administrative assistant and your work quality has not dropped, it may be difficult for them to prove that your depression makes you a legitimate safety risk or a business necessity to remove.

Statutory Citations

Related Questions

• Can the government force my boss to show me payroll records during an investigation?
• Can my boss fire me for helping a coworker with their leave claim?
• Can my boss fire me for complaining about how they treat disabled employees?
• Can my boss fire me because of my religion?