WHAT IS HYSTERIA?
Hysteria is a state of mind, characterized by unmanageable fear or emotional excesses. Quite frequently, the fear is often centered on a body part, or an imagined problem with that body part. Hysteria sufferers often lose self-control due to the overwhelming fear.
Hysteria, however, can occur as the result of an overload of an emotion other than fear. It can result in uncontrollable laughter, weeping, and motor functions. Furthermore, hysteria can occur sporadically, only once, or even chronically if the hysteria is severe enough.
WAYS IN WHICH YOU MIGHT BE DISCRIMINATED AGAINST BECAUSE OF HYSTERIA
- Your employer does not allow you to miss work for medical appointments
- Your employer does not accommodate your need to take a reasonable amount of time off of work
- Your employer will not provide reasonable on-site accommodations for your disability
- Your employer does not allow you to miss work to attend psychotherapy or counseling
HOW THE LAW PROTECTS YOU IF YOU HAVE HYSTERIA
To state a cause of action for disability discrimination, an employee must be disabled, regarded as disabled, or have a record of being disabled. The employee must then show that:
- his or her disability results in physical limitations
- that he or she can still perform the essential functions of the job (with or without reasonable accommodations)
- and that the employer took some adverse action (such as not hiring, firing, or demoting the employee) on the basis of that disability
Both the Americans with Disabilities Act and the Fair Employment and Housing Act provide protection against disability discrimination for individuals with mental disabilities. Hysteria is such a disability, deserving of protection from discrimination, as long as the individual is substantially limited in his or her ability to work. Hysteria will not be considered a disability unless it substantially hinders the individual's ability to learn or to work. If the hysteria is severe enough, then the employer may not take any adverse action against an employee because of the employee's hysteria. The employer also has an obligation to provide reasonable accommodation to an employee with hysteria so as to allow the employee to perform the essential functions of the job. The law will protect an employee whose employer does not provide these necessary accommodations. For example, if the employee is undergoing counseling for his or her hysteria, the employer must accommodate the employee's need to attend counseling, unless doing so would place an undue burden on the employer.
- For Legal Help see Finding an Attorney and David H. Greenberg, California Employment Law Attorney.