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.
f 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.
Table of Contents:
- Understanding Mental Health Workplace Discrimination
- What Does Mental Health Discrimination at the Workplace Look Like?
- What Legal Steps Can You Take After Experiencing Mental Health Discrimination at Work?
- Ways Your Employer Must Give To Your Requests
- FAQs About Mental Health Discrimination in the Workplace
- 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?
Workplace discrimination comes in many shapes and forms, but here is a detailed look to give some clarity. It might involve:
- 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.
What Does Mental Health Discrimination at the Workplace Look Like?
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?
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.
| Action Item | What to Expect/How to Track |
|---|---|
|
Document the Conversation |
Whether it's through taking detailed notes, recording conversations (with consent as required), or summarizing email exchanges, this is vital. Document who was involved, the setting, the nature of the conversation, and the precise time and location it occurred. |
|
Collecting Hard Evidence of Requests and Interactions |
Preserving a physical or digital trail helps prove you tried. Email exchanges, official request letters, and responses should all be documented. |
|
Gather Evidence if there is a Violation |
Gathering any materials that reflect your requests for changes can demonstrate your proactive steps and highlight the responses (or lack thereof). This also can support a case, because it demonstrates the reality. Make sure to include written instructions that may be relevant. |
What If You Are Fired, Because You Seeked 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.
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"
This means starting a conversation is not only beneficial - it's legally mandated. A discussion involves figuring out how to best adapt job roles or the workplace culture.
Refusing this cooperation could qualify as discrimination. Having accommodations gives those the chance to perform well.
Undue Hardship For Employers
Not all accommodation requests must be approved. If a requested change significantly alters job duties or imposes an undue hardship on the employer, it may not be required under the law.
FAQs About Mental Health Discrimination in the Workplace
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" is a legally mandated discussion between the employer and employee to determine appropriate accommodations. This collaborative conversation involves exploring how job roles or the workplace setting can be adapted to support the employee's mental health needs. Failure to engage in this process can be considered employment discrimination.
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.
Conclusion
Recognizing that you're not alone and understanding your legal rights are crucial in fighting mental health discrimination in the workplace. While filing a legal claim can be a challenging process, it can also be a powerful step toward resolution.
Workplace discrimination based on mental health isn't just unethical - it highlights the need for companies to take mental health seriously, rather than dismissing it as a personal issue.
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