In a job interview, it would be easier for me to admit that I am a recovering addict or ex-con (I am neither) than to reveal that I have Bipolar Disorder (which I do). Such is the stigma. And there have been a number of times when I have felt guilty for calling off sick after waking up in a nasty bipolar mood. But it need not be so. An employer has far more to lose by discriminating against a Bipolar employee, than does the employee by being open about his condition.
Under Federal Law, people who have bipolar disorder have a legal right to disclose the disorder and request accommodations without fear of harassment, reduction in pay or benefits, or the loss of their job.
"Under the Americans with Disabililties Act (ADA), you have a disability if you have a physical or mental condition that substantially limits a major life activity such as hearing, seeing, speaking, thinking, walking, breathing, or performing manual tasks." * Bipolar Disorder clearly meets this legal definition of a "disability." No one who has ever witnessed a manic or depressive episode can legitimately doubt that bipolar profoundly limits “major life activities.”
If you have bipolar disorder and you are able to do the job "you want or were hired to do, with or withoutreasonable accommodation," then you are protected by the ADA. * You cannot be denied employment or fired from a job simply because you have bipolar disorder.
Further, a person who has bipolar is entitled by the ADA to request "reasonable accommodations" for the hiring process and on the job.* Reasonable accommodations are defined as "any change or adjustment to a job, the work environment, or the way things usually are done that would allow you to apply for a job, perform job functions, or enjoy equal access to benefits available to other individuals in the workplace." *
Not every request for accommodation will be considered reasonable under the ADA, but you should not hesitate to ask your employer for any changes that may help alleviate difficulties arising from your bipolar condition. Examples of reasonable accommodations for persons with bipolar include, but are not limited to, (1) providing a quieter workspace or reducing noisy distractions, (2) requesting time off for treatment for your disability.*
You may request a reasonable accommodation at any time before or after you start working.* When doing so, it is wise to provide documentation from your doctor stating that you do have bipolar and that the requested accommodation is necessary.
In addition to being protected by the ADA, people who have bipolar disorder are also covered by the Family Medical Leave Act (FMLA).
The FMLA applies to most employers with fifty or more employees and entitles eligible employees to take up to twelve weeks of unpaid, job-protected leave in a twelve month period for specified family and medical reasons. **
Under the FMLA, bipolar disorder clearly qualifies as a legitimate reason for taking medical leave. The FMLA states that such leave can be taken when you are unable to work because of a "serious health condition." ** It goes on to define the term "serious health condition" as - in part - a physical or"mental"condition that involvesany period of incapacity for a chronic serious health condition which continues over an extended period of time, requires periodic visits to a health care provider, and may involve occasional episodes of incapacityORa period of incapacity that is permanent or long term due to a condition for which treatment may not be effective.** That undeniably describes bipolar disorder.
The FMLA also requires your employer to maintain your group health care coverage during your leave and to reinstate you to your "original job, or to an equivalent job with equivalent pay, benefits, and other terms and conditions of employment" upon your return to work.** Again, you should be prepared to provide your employer with sufficient documentation of your disability and treatment to demonstrate that the FMLA does apply to your situation.
Given the protections of the ADA and the FMLA, there is no need to hesitate to disclose your bipolar condition to your employer. Federal Law gives you a legal right to request reasonable changes in your workplace that will enable you to perform your job duties and to request time off when you are actively suffering the symptoms of bipolar.
Does this mean that you have the right to call off sick with a bad mood? Not for most people. But when you have bipolar, it is more than a bad mood. It is a legitimate symptom of a "serious medical condition" that may honestly (temporarily) prevent you from being able to do your job - or even get to work. It is a "chronic, serious health condition" that may involve occasional episodes of incapacity. And it is covered under both the ADA and the FMLA.
You need not feel guilty for suffering the real symptoms of a legitimate and serious medical condition. And you need not fear the loss of your job.
* Americans with Disabilities Act: A guide for people with disabilities seeking employment http:
** Fact Sheet #28: The Family and Medical Leave Act -U.S.Dept. of Labor, Wage&Hour Div.
For more information on theADAcontact the Equal EmploymentOpportunityCommission at and the Department of Justice at
For information about "Reasonable Accommodations" contact the Job Accommodation Network at /
For more information on the Family Medical Leave Act visit the Wage and Hour Division website:
