Mental Health Employment Discrimination
The Equal Employment Opportunity Commission (EEOC) prohibits employers from discriminating against employees, former employees or applicants with a disability. Disabled individuals include those with a mental impairment, such as bipolar disorder, major depression or schizophrenia, whether the impairment is minor or transitory (lasting six months or fewer).
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Warning
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Employers may not ask an employee or applicant if she has a disability, or about the nature of an obvious disability. According to the EEOC, it is also illegal to require an employee with a disability to take a medical exam before she receives a job offer.
Considerations
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Employers must provide an employee who has a mental health disability with reasonable accommodations, such as flexible work schedules or job coaches, to help the employee perform his job and enjoy the privileges and benefits of employment. The law does not require accommodations when they become a financial hardship or burden to the employer.
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Filing a Charge
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Disabled employees and applicants who suffer from employment discrimination or harassment can contact a local EEOC office to file a charge against the employer or organization. The applicant has 180 days from the date the discrimination occurred to file a charge, according to the EEOC.
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