Employee Mental Health Rights

Legal scales of justice

The American Disabilities Act covers employee mental health rights. Employees protected under the act include individuals with a pre-existing mental illness and those seeking treatment for mental problems. The workplace follows certain guidelines to ensure protection and safeguard against unfair treatment of employees seeking help for a mental health condition or working with a mental illness.

Types and Treatment

Types of mental health problems include all psychological issues. Doctors classify these problems as any disorder that interferes with the thought, feeling or behavior processes of individuals as mental health problems. Examples include anxiety issues, depression, anorexia, bulimia, bipolar disorder and schizophrenia. Mental health problems affect people of different ages and cultures. Licensed psychologists or psychiatrists treat employees with mental disorders. Medical doctors can also treat these problems. Some forms of treatment include hospitalization while others only require outpatient services.

Accommodations

After the employee notifies his employer of a mental health issue, the company has the responsibility of making workplace modifications. These modifications can include physical changes to the workplace or changes in how the employee completes work assignments. Allowing the employee to telecommute, for instance, provides an example of a work setting modification. Employers may need to change the lighting or spacing within the workstation to comply with the requirements of the employee. A compliance officer provides another option to employers to ensure the accommodations meet the conditions necessary for the employee.

Privacy

The responsibility to notify his company about a mental health issues falls on the employee. Once notified, the company must treat the information confidentially. This includes not sharing information with coworkers or anyone outside of the company without the employee's permission. When the employee meets with a mental health provider, the provider cannot discuss conversations or diagnoses without written approval from the employee seeking treatment. The law prohibits the sharing of mental health information, due to its medical nature.

Rights and Protection

Companies with over 15 employees must maintain compliance with ADA laws. The law requires equal treatment to employees with mental health issues without discrimination. During the recruitment process, companies cannot question applicants on their mental health status or deny employment due to any mental health issue. The law prohibits companies from discriminating against employees when identifying individuals up for promotion or transfer. If the mental health issue requires special accommodations, the company has the responsibility to comply with the needs of the employee.

Filing a Complaint

When an employee feels his company has violated the Americans with Disabilities Act, he should file a complaint with the Equal Employment Opportunity Commission. State and local agencies can also accept complaints. The discriminated employee must file a complaint within 180 days of the employer violation. This time frame can vary between agencies. An investigation follows the grievance if needed. When filing a complaint, employees should provide documentation proving the discrimination, which could assist the investigation.

References

• John Hopkins Bloomberg Department of Public Health, Mission
• U.S. Department of Justice, Civil Rights Division, Disability Rights Section: A Guide to Disability Rights Laws
• SAMHSA National Mental Health Information Center, Center for Mental Health Services: Filing an ADA Employment Discrimination Charge: Making it Work for You
• JAN, Accommodation and Compliance Series: Employees with Mental Health Impairments
• University of Texas, Southwestern Medical Center: Mental Health