Q: I was fired from my security guard job because of the medication I am taking for anxiety and depression.
I was recently offered a security job and accepted the offer. Upon completing final paperwork. Which asked if I was currently under care of a doctor and taking medication for anxiety and depression. I said yes and listed my medication. HR was reviewing my paperwork and I was later told my employment was delayed because of what I had filled out. I got called in to HR and was told due to a certain medication I was taking for anxiety and depression the security company’s client wasn’t going to hire me. The security company also stated at this time there were no other jobs available due to the same reason. Is there a case here? Will other companies deny employment due to me being treated and medicated for anxiety and depression?
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- California
- (916) 704-3009
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- Answered
A:
This situation likely represents disability discrimination under California's Fair Employment and Housing Act (FEHA) and the Americans with Disabilities Act (ADA), as mental health conditions like anxiety and depression are protected disabilities when they substantially limit major life activities.
Your medications are part of your medical treatment, and employers cannot discriminate against you for taking prescribed medications unless they can prove these medications make it impossible for you to perform essential job functions safely, even with reasonable accommodations. In your case, it appears the employer made assumptions about your ability to work based solely on your medications without conducting an individualized assessment or discussing possible accommodations.
You should file a complaint with the California Civil Rights Department (CRD) within three years of the discrimination, or with the Equal Employment Opportunity Commission (EEOC) within 300 days. While some employers may have concerns about certain medications affecting job performance, they must engage in an interactive process to explore reasonable accommodations before rejecting your employment. Consider consulting with an employment lawyer who can review your specific situation and guide you through the complaint process, as you may have grounds for legal action against both the security company and their client.
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