Mental Health Employment Law
Individuals with mental illnesses face a difficult situation when seeking employment. If you have a mental illness, it is important to know your legal rights during the hiring process and as an employee. Several federal laws protect people with mental illnesses from discriminatory employment practices.
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Relevant Employment Laws
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The Equal Employment Opportunity Act and Americans with Disabilities Act of 1990 (ADA) prevent workplace discrimination because of mental illness. The ADA defines disability as a physical or mental impairment that significantly limits one or more life activities. These life activities could be walking, reading, learning or working. Mental illnesses by which a patient is limited in a life activity are covered under this act. Consult a lawyer if you are unsure if your condition is covered by the ADA.
Hiring Process
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The ADA prohibits employers from discriminating against people with mental illnesses during the hiring process. This does not mean that mentally ill people are given preference over the non-mentally ill. Rather, hiring decisions are made without regard to an applicant's mental status.
The ADA also prohibits employers from offering a lower salary to someone with a mental illness and requires that mentally ill employees receive the same health care options as other workers.
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Providing Accommodations
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The ADA requires that employers make reasonable accommodations for a mentally ill worker to permit the person to perform essential job duties. These may include restructuring the job requirements, modifying work schedules or providing interpreters and learning devices. If, however, an employer can demonstrate that providing accommodations for a mentally ill employee would be a significant difficulty or expense, he may elect not to provide the accommodations.
Disclosure of Disability
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You are not required by law to disclose a mental illness to a prospective or current employer. In fact, Mental Health Works advises mentally ill workers not to disclose their mental illness if it does not affect work attendance or performance. If you choose to submit a claim for accommodations or are having difficulty performing your job duties because of your illness, you must disclose the information to your employer to prevent unlawful termination of your position.
Considerations
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If potential employer thinks a mentally ill person poses a direct threat to the safety of himself or others, the employer is not required to hire that person. This only pertains if there is objective evidence suggesting that the person's presence poses a threat. The employer must also consider whether reasonable accommodations would eliminate the threat.
Resources
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If you think you have been discriminated against in the workplace because of a mental illness, you can charge a claim with the U.S. Equal Employment Opportunities Commission. Contact a lawyer for further advice about your particular situation. Additional laws vary by state.
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References
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