Advocating For The Rights Of Southern California Employees Since 2007

Do you face workplace discrimination due to your mental health?

On Behalf of | Jun 18, 2019 | Firm News, Wage & Hour |

You have received an official diagnosis regarding your suspected PTSD, depression, anxiety or another mental health condition. Now, you worry your California employer could hold your mental health against you.

The U.S. Equal Employment Opportunity Commission offers information regarding protection surrounding harassment or discrimination linked to your mental health. Learn your rights to better understand if your employer ever crosses the legal line.

No one has to know about your condition

You do not have to share your diagnosis with your employer if you do not want to. That said, there are times when a manager is legally allowed to inquire about your current mental health, such as when a company makes an effort to hire people with mental disabilities, or if you need special accommodations for your condition to adequately perform your job.

Your employer cannot fire you due to your condition

Companies engage in illegal activity when they succumb to mental health stereotypes and terminate or fail to promote employees with a mental condition. Additionally, your employer cannot make you take a leave of absence on the basis of your diagnosis.

You have the right to legal accommodation

You may ask your employer to adjust your work schedule so you can attend therapy sessions, allow you to telecommute or work in a peaceful environment free of distraction and noise. Make sure the accommodation you request is one that addresses your condition in a way that makes it easier for you to focus, work with other people or bring balance to your overall mental health.

No one has the right to harass you

Legally, no one in your workplace can harass you because of your condition. Report harassment as soon as it occurs, and ensure your employer takes legal action to stop it.

This information is only intended to educate and should not be interpreted as legal advice.