Case of Discrimination

I have worked at a large institution for over 20 years.  I have been diagnosed with General Anxiety Disorder/Depression, so I am covered by the ADA.  I was training in a new job, along with 2 other individuals.  The supervisor told me she thought I was exhibiting short term memory problems, even though she could not state examples.  She took me into her office and stated that she once had a job where she new it wasn't a good fit, so she decided to leave.  She then stated, 'I don't know if this is your medication or your disorder but you are out of here." 

Through a series of meetings, I asked for additional training time as a reasonable accommodation.  I was denied the request, and never was told why, or had any suggestions from management.  I did make a mistake, but I had extensive documentation showing mistakes made by other people.  When I should this to the manager, she was "shocked" and immediately stopped the mistakes being put in staff meeting minutes.  I thought we were supposed to begin the "interactive process" required by law, but this didn't happen.  What eventually took place is that I had to choose reassignment because no other options were given.  According to the Job Accommodation Network, and the EEOC, reassignment is the last resort.  I did not find a job for reassignment, and then had to use sick leave and ended up having to go on Long Term Disability. 

I did file a discrimination complaint with the EEOC.  It has been over 2 years, and I still don't know what is going on, the EEOC just stated they are waiting for some response from the institution.  Does this seem like I was discriminated against, and do I possibly have a case to consider when I receive my right to sue letter?

Merely having a mental illness does not automatically give you ADA protection. I would ask the EEOC why the determination is taking so long but you cannot take action before you hear back from them.

An attorney would have to determine whether or not you have a case.  The attorney can obtain the right to sue letter from EEOC if he or she wants to represent you..

According to ADA laws, anxiety disorders and comorbid depression is considered a disability.  With the new American Disability Amendment Act, the disorder is considered a disability if it is a disorder which can be eposodic.  If you are in a major depressive episode, the major life acitvities are affected...hence this is considered a disability under the ADA.

Only HIV/AIDS automatically qualifies.  All other medical conditions are analyzed on a case-by-case basis.

I believe that after 180 days you can demand your right to sue letter from the EEOC.

But it is not automatically.