Mental health discrimination at work occurs when an employer treats an employee or job applicant unfavorably because of their mental health condition, psychiatric disability, or history of mental illness, creating barriers to equal employment opportunities and workplace integration that are prohibited under disability discrimination laws. Facing challenges in the workplace is common. But when those challenges stem from your mental health, it can feel isolating and disheartening. Experiencing mental health workplace discrimination is something no one should have to face.

If you've faced discrimination for seeking mental health care, you're not alone. This article explains your legal protections and how the law safeguards your rights for mental health workplace discrimination. If at any time you feel you need help, simply fill out the form on this page to schedule a free consultation with an experienced Los Angeles discrimination lawyer.

Table of Contents:

• Understanding Mental Health Workplace Discrimination
  • What Actions Are Considered Discriminatory?
  • The Necessity of Reasonable Accommodations
• Legal Protections
• What Does Mental Health Discrimination at the Workplace Look Like?
  • Mental Health Accommodation Requests Being Denied
  • The Impact of Past Mental Health Conditions
• What Legal Steps Can You Take After Experiencing Mental Health Discrimination at Work?
  • Filing a Discrimination Complaint
  • What If You Are Fired, Because You Seek Treatment?
• Ways Your Employer Must Give To Your Requests
  • Changes To The Schedule and Physical Aids
  • Having An Employer "Interactive Process"
  • Undue Hardship For Employers
• FAQs About Mental Health Discrimination in the Workplace
  • What are common examples of mental health discrimination in the workplace?
  • What is considered a "reasonable accommodation" for mental health?
  • What is the "interactive process" required by law?
  • What laws protect employees from mental health discrimination?
• Conclusion

Understanding Mental Health Workplace Discrimination

Mental health conditions are more common than many realize. According to the Centers for Disease Control and Prevention (CDC), over 20% of U.S. adults live with a mental health condition. These conditions can also contribute to physical health issues, including heart disease, diabetes, and stroke.

Federal and state laws are crafted to safeguard employees who have a mental disability. Both the Americans with Disabilities Act (ADA) and the California Fair Employment and Housing Act (FEHA) provide protection.

What Actions Are Considered Discriminatory?

Discriminatory actions in the workplace encompass any adverse employment decisions, differential treatment, harassment, or failure to provide reasonable accommodations that are based on an individual's protected characteristic such as mental health condition, race, gender, age, disability, religion, or other legally protected status, including subtle behaviors like isolation, excessive scrutiny, or deliberate exclusion from workplace opportunities.  Workplace discrimination comes in many shapes and forms, but here is a detailed look to give some clarity. If you're still wondering what is workplace discrimination, here are a few examples:

• Being unfairly passed over for a job or promotion.
• Wrongful termination.
• Unjustified demotion.
• Refusal to give reasonable accommodations.
• Harassment based on their condition.

Employers can even face legal action for discrimination based on a previous mental health condition. Also, employers are at risk if an employee experiences discrimination because they inaccurately believed they have such a condition.

The Necessity of Reasonable Accommodations

A vital part of both the ADA and FEHA is the requirement for employers to provide "reasonable accommodations." Think of a reasonable accommodation as an adjustment to the typical job. This might be modifications in work schedules. It could be an altered work environment that minimizes triggers. Or it could even mean allowing time off for therapy sessions or treatment, because it can better the mental state.

Open communication between employees and employers is essential. The key focus is finding ways to support employees through reasonable accommodations. If an employer refuses to provide necessary accommodations without a legitimate claim of 'undue hardship,' they may be violating the law.

Legal Protections for Mental Health in the Workplace

Legal protections for mental health in the workplace include federal and state laws that prohibit discrimination, require reasonable accommodations, and provide remedies for violations, ensuring equal employment opportunities for those with mental health conditions.  Multiple federal and state laws create powerful protections against mental health discrimination in California workplaces, establishing clear employer obligations and employee rights. These overlapping statutes establish that mental health conditions are considered disabilities that warrant reasonable accommodations and protection from discriminatory treatment. Understanding these legal frameworks provides essential knowledge for employees seeking to assert their rights and for employers working to maintain compliant workplaces.

• Americans with Disabilities Act (ADA): This federal law prohibits discrimination against individuals with disabilities, including mental health conditions that substantially limit major life activities, and requires employers with 15 or more employees to provide reasonable accommodations unless doing so would cause undue hardship.
• Section 501 of the Rehabilitation Act of 1973: This legislation specifically protects federal employees and applicants from discrimination based on disability status, including mental health conditions, and requires federal agencies to engage in affirmative action to hire and promote qualified individuals with disabilities.
• Reasonable Accommodations: These are workplace modifications that enable employees with mental health conditions to perform essential job functions and might include flexible schedules, remote work options, modified supervision methods, or private workspaces to minimize distractions or anxiety triggers.
• California Fair Employment and Housing Act (FEHA): This state law provides broader protections than federal statutes by covering employers with five or more employees, defining disability more inclusively, and imposing stricter requirements for the interactive process and reasonable accommodations for mental health conditions.

What Does Mental Health Discrimination at the Workplace Look Like?

Mental health discrimination at the workplace manifests as tangible patterns of unfavorable treatment including denied promotions, unwarranted discipline, exclusion from workplace activities, inappropriate disclosure of confidential health information, hostile comments or jokes about mental health conditions, rejection of reasonable accommodation requests, excessive scrutiny of work performance, or constructive dismissal through creating intolerable working conditions specifically targeting employees with mental health conditions. Imagine starting a new job, excited and ready to work when suddenly, comments start flying around. If these remarks center on a mental health condition, it quickly turns a hopeful beginning into a discriminatory environment.

A colleague repeatedly "jokes" about your anxiety or depression in team meetings. A supervisor questions your ability to handle stressful projects, openly voicing doubts about your "stability."

Mental Health Accommodation Requests Being Denied

Consider an employee who formally requests a flexible work schedule as an accommodation for their anxiety disorder. Despite similar arrangements existing in the past, they are now being declined.

The law stipulates that such modifications should be considered, provided they don't impose an "undue hardship" on the employer. Denying reasonable accommodations is more common than you'd imagine.

The Impact of Past Mental Health Conditions

It is important for employers to be mindful of not discriminating against employees with past mental health conditions. Discrimination can show up based on assumptions of a possible recurrence of mental illness and this form of bias is illegal.

A candidate is exceptionally qualified but is bypassed. They are looked over in favor of someone considered "less risky" due to a disclosed previous bout of depression.

What Legal Steps Can You Take After Experiencing Mental Health Discrimination at Work?

After experiencing mental health discrimination at work, you can file a complaint with the California Department of Fair Employment and Housing or Equal Employment Opportunity Commission, pursue internal remedies through HR channels, consult with an employment attorney to explore litigation options, and potentially negotiate a settlement or proceed to court.  If you believe you've faced mental health discrimination at work, know that you don't have to navigate it alone. There are various ways to protect your rights, including legal action if necessary.  Legal aid exists to address discriminatory actions with the guidance of a lawyer specializing in workplace rights. We've witnessed firsthand the deep effects of discrimination work environments and our attorneys can help.

Filing a Discrimination Complaint

For anyone encountering such discrimination, there's a legal process for submitting claims.

• Filing a Civil Lawsuit or an Administrative Complaint: You can pursue your rights under the ADA and FEHA with a workplace discrimination lawsuit.
• Equal Employment Opportunity Commission (EEOC): Deals with claims under the ADA for employers with at least 15 employees.
• California Civil Rights Division (CRD): Takes care of complaints based on FEHA, which applies to employers with at least five employees.

The most important thing you can do, from an administrative perspective, is track conversations.

What If You Are Fired, Because You Seek Treatment?

It happens unfortunately and there are documented legal precedents. The EEOC has reported cases where companies have been held accountable.

• Employees terminated after requesting necessary mental health care have successfully sought legal recourse.
• Cases include those who had psychiatric disabilities and had a positive outlook to continue working, however still getting unfairly let go.

These cases often result in financial settlements, underscoring the serious consequences companies face for violating anti-discrimination laws.

Ways Your Employer Must Give To Your Requests

Under laws like the ADA and FEHA, an employee can request, and should expect, accommodations if mental health needs support their performance. It is illegal for employers to discriminate against employees that have a mental disorder or a medical condition.  While many clients wonder "how much do you get from a discrimination case," compensation varies widely depending on factors such as lost wages, emotional distress damages, and whether punitive damages apply in situations of particularly egregious employer misconduct.

Changes To The Schedule and Physical Aids

• Changing a work schedule to accommodate therapy sessions.
• Making simple changes to a physical work environment can range from a quieter office space.

If you need accommodations to be made for your mental disabilities, they are required by law.

Having An Employer "Interactive Process"

The interactive process represents a critical legal obligation for employers, not merely a suggested best practice. When an employee discloses a mental health condition that may require workplace adjustments, employers must initiate a collaborative dialogue to identify potential accommodations. This legally mandated conversation involves systematic assessment of job functions, exploration of specific limitations caused by the condition, and creative problem-solving to determine reasonable modifications that enable successful job performance. Documentation of these discussions is essential, as failing to engage meaningfully in this process can constitute discrimination regardless of whether accommodations would ultimately have been feasible. The interactive process should be ongoing rather than a one-time event, allowing for refinement of accommodations as needs evolve. Proper implementation of this dialogue builds trust, demonstrates compliance with disability laws, and creates an environment where employees with mental health conditions can perform their essential job functions effectively, often resulting in increased productivity, reduced turnover, and improved workplace morale.

Undue Hardship For Employers

While employers must provide reasonable accommodations for employees with mental health conditions, the law recognizes legitimate business constraints through the "undue hardship" defense. This legal standard permits employers to decline accommodation requests that would impose significant difficulty or expense when analyzed in relation to the employer's resources, operation size, and overall financial capacity. The determination involves a fact-specific assessment examining factors such as accommodation costs, disruption to workplace operations, impact on other employees' ability to perform their duties, and fundamental alteration of essential job functions. Courts typically require employers to demonstrate concrete evidence of hardship rather than speculative concerns. Even when a specific accommodation request proves unfeasible due to undue hardship, employers remain obligated to explore alternative solutions that might accomplish similar objectives with less business impact. This balanced approach protects both the rights of employees with mental health conditions and the legitimate operational needs of businesses, ensuring disability laws are applied pragmatically while still advancing workplace inclusion.

FAQs About Mental Health Discrimination in the Workplace

How to prove mental health discrimination?

To prove mental health discrimination, employees must establish a documented pattern of differential treatment occurring after the employer became aware of their condition, collecting evidence such as performance reviews, witness statements, communication records, and timing correlations between disclosure and adverse actions. The strongest cases demonstrate that similarly situated colleagues without mental health conditions received more favorable treatment in comparable situations, while also showing the employer's failure to engage in a good-faith interactive process or provide reasonable accommodations despite medical documentation supporting the need for workplace adjustments.

What are common examples of mental health discrimination in the workplace?

Common examples include being unfairly passed over for promotions or job offers, wrongful termination, unjustified demotion, denial of reasonable accommodations, and harassment based on a mental health condition. Even offhand remarks or "jokes" about someone's anxiety, depression, or post-traumatic stress can create a hostile work environment. It is very common for mental health challenges to happen at the workplace, and should never result in a negative experience.

What is considered a "reasonable accommodation" for mental health?

Reasonable accommodations can vary widely depending on the individual's needs and the nature of the job. They might include changes to the work schedule (like allowing for therapy sessions), modifications to the work environment (such as providing a quieter workspace), or granting unpaid leave for treatment. It can be a real challenge for those facing mental health struggles to balance.

What is the "interactive process" required by law?

The interactive process required by law is a mandatory, good-faith dialogue between employers and employees with mental health conditions or disabilities where both parties exchange essential information about limitations, job requirements, and potential accommodations in a timely, responsive manner. This collaborative conversation requires employers to evaluate accommodation requests individually, document the discussion thoroughly, consider alternative solutions when necessary, and maintain confidentiality throughout the process, ultimately aiming to identify reasonable workplace adjustments that enable qualified individuals to perform essential job functions without imposing undue hardship on the business.

What laws protect employees from mental health discrimination?

In the United States, the Americans with Disabilities Act (ADA) and, in California, the Fair Employment and Housing Act (FEHA) protect employees with mental disabilities. These laws prohibit discrimination, require reasonable accommodations, and provide avenues for legal recourse if violations occur. Be sure to reach out to the Equal Employment Opportunity Commission for more clarity.

Getting Help From A Top Rated Attorney

Mental health discrimination in California workplaces continues to affect countless employees despite robust legal protections. The devastating impact extends beyond individual suffering to create toxic work environments and potential liability for employers who fail to comply with state and federal regulations. Understanding your rights under the Fair Employment and Housing Act, Americans with Disabilities Act, and Family Medical Leave Act provides essential protection when facing discrimination based on mental health conditions.

If you've experienced differential treatment, harassment, denial of reasonable accommodations, or retaliation related to your mental health condition, don't face these challenges alone. Our experienced Los Angeles discrimination lawyer understands the complex intersection of employment law and mental health rights in California. At Kingsley Szamet Employment Lawyers, we provide compassionate representation while aggressively advocating for workplace justice and appropriate compensation.

Time limitations apply to discrimination claims, making prompt action essential to preserving your rights. Contact us today for a confidential consultation to discuss your situation and explore legal options. Together, we can work toward building more inclusive workplaces while securing the protection and compensation you deserve under California law.