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Don't tell your employer anything related to mental health

Yea don't tell em shit. When I was interviewing for my current job he mentioned their work from home policy. I politely nodded and kept the conversation going. I wasn't going to mention that I have an artificial hip and sometimes my other hip really hurts and I may want to work from home.

Don't ever disclose that kinda stuff. It might seem casual and not that serious to you but employers can and will use anything against you.



You're a fool if you don't lawyer up and sue. It's your money. Go get it. If only to prevent them from doing this to someone else.

This is the sad and harsh reality. Even though there are thankfully legal protections in place, there is still very much a societal stigma towards mental health and physical disabilities, and it's something that can be tough to prove at the hiring process, as most employers aren't stupid enough to put it in writing like the assholes OP is dealing with. I know sometimes there is an urge to be transparent in job interviews, but it's something people should really resist on certain topics. Any physical or mental health accommodations can be settled with HR once you have the job.
 

NervousXtian

Thought Emoji Movie was good. Take that as you will.
Jesus, guys. Some of you need to stop armchair lawyering and listen to those of us who have actually passed a bar exam.

The answer is never to listen to random Gaffers on legal questions, get proper direction and talk to a real lawyer that practices the area involved. (For full disclosure, I have practiced a decent amount of employment law in the past, but it's not my primary practice area now.)

What did I say was wrong? Him disclosing it willingly isn't illegal, if it wasn't a specific question asked about it. Them using it as a reason in writing is illegal.

They fucked up giving a reason.

My advice of not pursuing it? Is that your problem with it? That's just personal advice, I don't think it's worth it... the payout to the time spent and what you might get isn't worth it. If he was already employed and had a stellar reputation and they fired him for this when it had no work impact.. I'd lawyer up in a heart beat.
 
This is the sad and harsh reality. Even though there are thankfully legal protections in place, there is still very much a societal stigma towards mental health and physical disabilities, and it's something that can be tough to prove at the hiring process, as most employers aren't stupid enough to put it in writing like the assholes OP is dealing with. I know sometimes there is an urge to be transparent in job interviews, but it's something people should really resist on certain topics. Any physical or mental health accommodations can be settled with HR once you have the job.

Yea. It really sucks. But gotta lock down the job first. No way I can tell a potential employer "I have [hip disease that destroyed the socket] and I may need to go for surgery at some point in the next year and I'll be out for 6 weeks" and not have that destroy my chances of getting hired.

I get what people mean when they say we need to stop the stigma but I wouldn't sacrifice a potential job offer on that.
 

Lord Fagan

Junior Member
I'm not a lawyer. You should listen to a real life lawyer's advice when you think somebody may have done something illegal, OP.

Job interviews are all at once impenetrably tricky and deceptively simple. It's always so hard to know what you should always do, and never do, and where it's a gray area because even HR professionals have trouble agreeing what's a standard hiring practice for even a few years at a time, and even then you'll be privy to any number of second-hand stories that completely invalidate whatever some expert you've never of heard wrote up on the internet.

It's why I treat interviews like first dates. Obviously looking and sounding good are important, but remember that candor always has a point of diminishing returns for both sides. This particular instance could rub up on legal questions (so do what smart lawyers on this thread have mentioned already and consult a real one in your state to actually know the score) but even if it isn't, sometimes it's helpful to ask why people are interested in something, or perhaps feign some misunderstanding to get a better angle on their agenda. People acting with less than good faith typically aren't very transparent and eager to answer questions about the nature of their own inquiries. If you're sitting down with a date, much less an employer, and they are super cagey about why they want to know especially personal information, it might lead a reasonable person to becoming at least a little suspicious.

Sounds like a bum deal regardless, OP. Grab a drink, dust yourself off, and find you another interview. Good luck.
 
OP, you've got it in writing that they literally refused you a job on the grounds of your medical history.

Take them to the fucking cleaners, my friend!!

Get dat paper!
 

Reeks

Member
I have panic attacks from time-to-time. I use migraines as an excuse. I've had one or two migraines in my life - they are hell. But panic attacks are their own brand of hell. Anyways, that's my go-to. Sucks I have to lie.
 
This sucks now because a week of time was wasted when I could have went ahead with the other offers

And now I have to tell a few people in my life that I'm switching job offers which could be kinda embarrassing.

Also I'm now worried the next offer will fall through for some reason, irrational worrying related to being burned by this.

Smfh😡
 

oneils

Member
He told them, it's not illegal. That's is accurate.

Rescinded the offer BECAUSE he's on anti-depressants more than likely is illegal... but we don't exactly what was said to him officially.

It's illegal to deny someone work due to many things, but you can deny any of those people work with no explanation. By law I don't have to explain anything to a potential hire about my decision.

:EDIT: I see the letter they gave.. yeah.. it's not legal what they did... but it's probably not worth fighting.

Not legal in Russia? Are you sure?
 

Angry Grimace

Two cannibals are eating a clown. One turns to the other and says "does something taste funny to you?"
Uh, that is prima facie evidence of discrimination. Particularly if you did not disclose another condition, but even if you did, they admitted a medical condition was the reason they did not hire you and whatever that medical condition is would be a basis for ADA discrimination anyways.

Contact a local attorney.
 

Slo

Member
OP, my advice is to you is that every single second of your life that you waste trying to force this Russian company to provide you employment would be better spent doing literally anything else.

Both from a financial perspective, and from a personal one. This is hustling backwards.
 

thelatestmodel

Junior, please.
The only time I've ever had this happen was when my ex and I interviewed for teaching English in Korea a few years back.

She was not offered a job simply because she had a history of depression and took medication for it, and they said as much. We literally would both have had job offers, were it not for that history.

Super illegal here in Canada, perfectly legal in many parts of the world. There was nothing we could do. A large proportion of the world is backward when it comes to mental health and other social issues.
 

maxiell

Member
OP, my advice is to you is that every single second of your life that you waste trying to force this Russian company to provide you employment would be better spent doing literally anything else.

Indeed.

Why were you interested in teaching in Russia, OP?
 
I've been blackballed from the Medical Marijuana industry because a bunch of assholes decided to smear my name for being disabled, so now I can't get a job anywhere in the field. Which is shitty, but sometimes honesty really isn't the best policy when it comes to some things.
 
The fact that OP has in writing that they were dismissed because of medical history may give OP legal grounds to sue, regardless of the fact that OP disclosed the information voluntarily.

But as a general rule your employer has no business knowing anything about your health or what medications you're on. The only thing they have any business knowing is whether you are capable of performing necessary job functions and whether you require any accommodations. OP shouldn't have needed either of those from the employer, so medications and medical history should never have been mentioned at all.
 
The employer is in the US and subject to US law. I'm an employment lawyer and deal with matters like this all the time.
No he is in Russia and it is his Russian small business.

He is originally from the USA. Sorry for the confusion. I put the detail in where he is from so people wouldn't think it was a cultural thing ie he did it because he is Russian.

I would hope to god this person wouldn't be so stupid to do this in the USA because if this was a US job I would have contacted an attorney.
 

Dude Abides

Banned
No he is in Russia and it is his Russian small business.

He is originally from the USA. Sorry for the confusion. I put the detail in where he is from so people wouldn't think it was a cultural thing ie he did it because he is Russian.

I would hope to god this person wouldn't be so stupid to do this in the USA because if this was a US job I would have contacted an attorney.

Oh. No US presence? All your contact has been via phone and email? Then there may be a jurisdictional issue.
 
yeah this really sucks.. I don't know how to explain why I've been out of work for so long in job interviews

Unless it's minor depression or something, this is unfortunately true. My gf had some mental issues which are under control now, but when the health issue started being visible, her friends dropped her like a hot rock one by one. Really sad.

sounds like a useful way to find out who your true friends are at least..
 
Indeed.

Why were you interested in teaching in Russia, OP?
ESL is the career field I've been wanting to go into for the last year. For the next five to ten years I want to teach in a new country every year. It's a pretty good way to travel if you are smart about it and find a good job. I did vet this job well and still think it would have been a good job to have but clearly crazy shit like this happens.
 
Oh. No US presence? All your contact has been via phone and email? Then there may be a jurisdictional issue.
Yup, I never had any intent to ever see the discussion go down a legal route. I made the op just to highlight how hurtful it is to be denied grounds on such a judgemental pretense. I'm not even mentally unhealthy or dabilitated. I take one med for adhd and another for clinical depression. Standard shit I got from my doctor one day. I never knew it would be such a big deal for some people. I don't get how this was judged so harshly.
 

gfxtwin

Member
NEVER disclose that on the front end. You're supposed to wait until you make a big mistake, and then blame it on the medication. Don't reveal your hand so early in the game, bro.
 

JABEE

Member
This is the sad and harsh reality. Even though there are thankfully legal protections in place, there is still very much a societal stigma towards mental health and physical disabilities, and it's something that can be tough to prove at the hiring process, as most employers aren't stupid enough to put it in writing like the assholes OP is dealing with. I know sometimes there is an urge to be transparent in job interviews, but it's something people should really resist on certain topics. Any physical or mental health accommodations can be settled with HR once you have the job.

And even HR are still serving on behalf of the company. They are not on your side.
 

Rad-

Member
I can't believe they wrote that. Whoever wrote the email must not be very experienced.

Anyways, you should never mention that stuff in interviews. Companies will use it against you, they just usually won't say that's the reason.
 

Jacob

Member
The Americans with Disabilities Act prevents employers from discriminating against individuals with disabilities or those who are regarded as having such disabilities. It's unlikely OP belongs in the first category due to a depressive condition (because courts define disabilities narrowly), but from what he's telling us, it seems likely he qualifies under the second category, because the prospective employer chose not to hire him because of a perceived disability.

While this might not be able to help the OP if the employer is based in another country, I wanted to point out for anyone who might find themselves in a similar situation (as I was last year) that people with major depression are in fact protected by the ADA.

https://www.eeoc.gov/policy/docs/psych.html

Under the ADA, the term "disability" means: "(a) A physical or mental impairment that substantially limits one or more of the major life activities of [an] individual; (b) a record of such an impairment; or (c) being regarded as having such an impairment."

...

The ADA rule defines "mental impairment" to include "[a]ny mental or psychological disorder, such as . . . emotional or mental illness." Examples of "emotional or mental illness[es]" include major depression, bipolar disorder, anxiety disorders (which include panic disorder, obsessive compulsive disorder, and post-traumatic stress disorder), schizophrenia, and personality disorders.
 
Our attitudes and the way we treat mental illness is still way behind how we should. I'm hoping that people with mental handicaps and debilitating disorders are given the same attention as racial minorities and women in the future. We've made progress with other minorities, it's time we make progress for more maligned groups.

That's unfortunate OP, especiAlly since you were discriminated for depression.
 
This.

Like, not even regular illegal. Super duper illegal. There are certain questions they're not supposed to ask, and there are things an interviewee should NEVER divulge voluntarily.

Job Interview Questions That Are Illegal

Anti-depressants would fall under health/disabilities.
There are no illegal interview questions. This is a myth. What is illegal making a hiring decision based upon information derived from questions that elicit information upon which hiring decisions may not legally be made.
 

DJKhaled

Member
Don't disclose it to anyone other than your doctor and very close family and friends. People are extremely prejudiced about it
This unfortunately. Everyone found out about mine because I was hospitalised for it and then after getting out of hospital a few of my former friends posted all over Facebook mocking me about it.
 

Magwik

Banned
To at least give a positive spin on things my employer actively is working with me to make sure I am taken care of in regards to therapy and such, so it isn't always going to be some awful outcome.
 
Sounds like you don't want to pursue this, but holy crap is that letter brazen.

Russians are very direct, no-bullshit people. For better or for worse, that could lead to brutal honesty even from a stranger in a professional environment. So to me personally it isn't surprising but yeah it's quite the opposite of many work cultures, particularly Western Europe and the US. I'm sure the person wrote it with the best intentions, and he/she isn't downplaying how stressful relocating to a foreign country (particularly one like Russia) without knowing the language or anyone there can be.

As for those saying to lawyer up, with the OP having other jobs lined up and it being overseas, that really is something not worth fighting IMO.

Also as personal advice to the OP, anything not directly related to the job shouldn't really be asked to the employer. You could have investigated medication, over-the counter laws, etc. independently.
 

-Plasma Reus-

Service guarantees member status
Yeah, I feel like it goes without saying. It's a form of prejudice but I'd also feel like if I was the hiring manager I would make a similar decision. And I've been on meds.

Tho ironically I suspect someone on meds would be way more focused than someone not. At least based off how I felt when on them.
What kind of hiring manager are you?
Doesn't make any sense. And it's discriminatory and prejudice.
 
This sucks now because a week of time was wasted when I could have went ahead with the other offers

And now I have to tell a few people in my life that I'm switching job offers which could be kinda embarrassing.

Also I'm now worried the next offer will fall through for some reason, irrational worrying related to being burned by this.

Smfh��

Nah, just take this as a learning experience. In a previous post you regretted being so trusting in an interview process, so something this unexpected will certainly make sure you never make that mistake in a future interview.

Yup, I never had any intent to ever see the discussion go down a legal route. I made the op just to highlight how hurtful it is to be denied grounds on such a judgemental pretense. I'm not even mentally unhealthy or dabilitated. I take one med for adhd and another for clinical depression. Standard shit I got from my doctor one day. I never knew it would be such a big deal for some people. I don't get how this was judged so harshly.

Psychiatry and taking medication has a much bigger stigma there than it does in the US. Even seeing a shrink is something that people don't share openly. Just keep that in mind when you're over there.
 

GungHo

Single-handedly caused Exxon-Mobil to sue FOX, start World War 3
1) Don't talk about crazy pills to anyone but the crazy pills doctor.

2) The guy may have done you a favor. Russia isn't a crazy pills friendly environment, on a whole lot of levels.
 
Sorry about that op, shitty employer is not worth it anyway.


Seperate question though: why do americans always say to sue everything and everyone? What is the good in that except for wasting lots of time in finding lawyer and whatnot.. is it so lucrative?
 
WIVFJss.jpg


employer is from the usa but the job is in russia

I'm not mad at them or anyone

just feel terrible

Hahahahaha duuuuuuuuude! Holy shit. Don't feel terrible. You have a fucking lawsuit. Talk to a lawyer, stat.
 
Holy shit that HR person seems real bad at their job if thats how they handle turning people down.


Like I know I have been turned down for some reasons that would be illegal if they actually said it. But you never say it, and not in writing. Jeez.
 
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