Legal Question in Disability Law in North Carolina
employer disclosing my mental illness to other employees
My employer/owner emailed me with the question ''if your so intelligent why are you not farther along in your life than you are? I replied by telling her that I have a chemical imbalance that may have been brought on by abuse as a child. She replied with a termination email stating for obvious mental insibility her establishment was not a place for me to work. She also sent her reply (with my email included) to the Assistant Managers. Is she legally allowed to do this?
1 Answer from Attorneys
Re: employer disclosing my mental illness to other employees
The answer will depend on more facts than your posting listed. Your employment may be protected under the ADA if you are qualified individual with a disability and if your employer took the action as a result of that disability, record of a disability or perception of a disability. This is an extremely fact intensive inquiry and initially a lot more would have to be known about your condition to determine if you even were covered by the ADA.
For more information about the Americans with Disabilities Act, you can visit my website, www.memphisemploymentlawyer.net and follow the link to illegal employment practices.
Additionally, you may have rights protected under state laws. To determine the nature and extent of those rights, you should consult with an experienced labor and employment law attorney in your state.
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