MENTAL HEALTH ILLNESS AND DISORDERS ARE PROTECTED BY LAW AS A DISABILITY: AN EMPLOYMENT LAWYER CAN HELP
According to the Americans With Disabilities Act (ADA), "an individual is considered to have a disability if s/he has a physical or mental impairment that substantially limits one or more major life activities, has a record of such an impairment, or is regarded as having such an impairment." While many employers accommodate applicants and employees in wheelchairs, using canes, or even those with allergic reactions to scents (creating for example a scent-free workplace), many have been slow to recognize that mental disabilities are protected as well. Partly because these disabilities are often suffered quietly, and because you cannot look at someone and see their clinical depression or obsessive-compulsive disorder (“OCD”) at first glance, it takes more to protect your rights when you have a mental illness or mental disorder.
One thing to note is that your employer cannot accommodate a disability they do not know about, and it is not their duty to ask you to disclose this information. But if you do have a mental disability, and it is impairing your ability to work without accommodation, you have every right to speak with your employer and develop a comprehensive and flexible accommodation to allow you to work successfully at your job. Sometimes these illnesses were not there when you began your employment, such as severe depression or post-traumatic stress syndrome, but things have changed and you now face this illness while struggling to meet your work requirements. You should begin by going to your immediate supervisor and telling them you need to disclose a medical disability for which you would like to have accommodations to allow you to perform to the best of your ability.
Accommodations can be decided between you and your doctor, as well as you and your employer. Your employer has a duty to provide you with any reasonable accommodation, and may not retaliate against you or fire you do to this mental disability. If you are not given the opportunity to develop a full and comprehensive accommodation plan at your place of work, or your employer refuses to adjust your accommodation, you should call the Law Offices of Greenberg and Rudman LLP at 1-800-252-9776 for a free initial consultation regarding your rights and how the law can help. Remember, you must take the steps to let your employer know about your disability and to work with them to develop a reasonable request for accommodations. But if you cannot, or you find yourself being discriminated against due to your disclosure, the law protects you and your right to work.
