The United States of America is the land of the free; it’s the land of opportunity, home of the brave, and a country that emphasizes democracy. Of the People, by the People, for the People. The country’s law protects its people from workplace prejudice, most especially people with mental illness. These types of laws make the USA one of the greatest nations on Earth.
But what does our country do when it comes to employed individuals who are diagnosed with mental health issues? Are you experiencing a mental health decline and want to know if it will affect your employment? Keep reading, and you will find the answers in this post. You are protected against workplace discrimination. Having a mental illness will not cost you your job. But to what extent does it cover?
What Are Mental Health Conditions?
First of all, what are categorized as mental health conditions? A mental health condition is characterized as a health condition that involves changes in thinking, emotion, behavior, or the combination of three. Mental health conditions are associated with problems or distress affecting any major life activity. It could affect functioning at home, in the community, social relationships, or even at the workplace.
Examples of mental health conditions are:
- Anxiety disorders
- Major depression
- Bipolar disorder
- Obsessive-Compulsive Disorder (OCD)
- Post-Traumatic Disorder (PTSD)
- Personality Disorders
- Intellectual Disabilities
- Eating Disorders
- Addictive Behaviors
- Mood Disorders
Under the Americans with Disability Act (ADA), a person diagnosed with a mental health condition or physical disability that limits major life activities or body function is eligible to receive benefits and should be protected against workplace discrimination.
Important Questions About An Employee’s Mental State
How do employers determine the state of their employee’s mental health? The ADA does not have a stringent list of mental health conditions that covers the employee’s rights. Instead, the ADA encourages how the employer looks at a mental health condition that affects the employee. Two essential questions should be answered on when to classify a disability:
- Does the condition affect one or several major life activities of the person’s life?
- Does the impairment affect one or more major bodily functions?
If the answer to one of those questions is YES, then it is classified as a disability. Most, though not all mental illnesses, can impair a person’s ability to function well. It may affect thinking, concentration, sleep, communication, and thoughts of oneself.
The Americans With Disabilities Act (ADA)
The Americans with Disabilities Act (ADA) of 1990 protects employees against workplace discrimination and harassment especially when it comes to mental health issues. The ADA defines disabilities as any one of the following:
Impairment on a physical or mental state that limits a major life activity. Examples of which are walking, lifting, eating, thinking, concentration, sleeping, taking care of oneself, regulating emotions, and communicating with others or
Having a previous diagnosis or history of a mental health illness or an impairment or;
Regarded for having an impairment
Despite a disability, an employee should still have the qualifications required to fulfill the job, such as the necessary skills, educational requirements, and experience. That is during the hiring process.
Your Employer Can’t Fire You Because of a Mental Health Condition
Here is the coveted answer regarding this issue: It is illegal for an employer to fire an employee because of a mental health condition. It is unlawful for a company to discriminate against a physical disability or mental health condition. An employer cannot fire, reject promotion, or force an employee to take a leave of absence.
The employer is not required to hire or retain people that can’t perform the job or those who directly impose a direct threat (imposes a threat to oneself or others around them). But employers should not stereotype and believe in the stigma surrounding mental health issues when hiring, retaining, or promoting employees.
For instance, a person recovering from substance abuse disorder should not be suspected of staying out late at night drinking and reporting to work hungover in the morning. That is a stereotype that should be avoided in the workplace.
The employer must have objective and substantial evidence that a person cannot perform a job well. Any employee with a mental disability should be offered a reasonable accommodation, not fired.
Are Employees Allowed Allowed to Keep Their Mental Health Condition in Private?
Yes, employees are allowed to keep in private a mental health condition they’re experiencing. Employers are only allowed to ask medical and mental health questions during these five situations:
- When the employee requests a reasonable accommodation.
- When the employee was given the job offer, but before the hiring date. Employers are allowed to assess a person’s mental health, as long as this part of the pre-employment process of the human resources for all aspiring applicants. This is according to the Equal Employment Opportunity Commission (EEOC). Check this link for more information.
- When it is a workplace initiative to track the mental health of all employees, however, the employee has the right whether to respond or not to respond to the query.
- When the company has objective and substantial evidence that the employee cannot perform well or imposes safety risk because of the condition.
- The employee can also discuss their condition to receive the eligibility for health care benefits and company considerations under the Family and Medical Leave Act.
If the employee chose to disclose their mental state, the employer could not discriminate, and the information should be kept confidential even with other persons at work. But this could not be the grounds to get fired.
If You Feel That Your Mental Illness Is Affecting Your Job Performance
Under the Americans with Disability Act (ADA), if the mental state of an employee is affecting their job performance, the employee can request a reasonable accommodation. Also, under the FMLA, employees can take time off for a “mental health day off”.
Some states even have additional laws to extend support to those who experienced domestic violence and substance abuse. However, before asking for a reasonable accommodation, the employee should disclose the mental health issues encountered to the employer.
This is so the employer may make other arrangements like taking some time off a week, have an indefinite leave, or work from home arrangements. To know more about a reasonable accommodation, read further.
What Are Reasonable Accommodations and How Is the Process?
A reasonable accommodation is an official term used under the Americans with Disability Act. This requires employers to make significant changes to the workplace to accommodate the needs of employees with physical disabilities or mental health conditions. This is to ensure they effectively perform their job and be at a level with non-disabled workers.
The employer must grant reasonable accommodation pertinent to the case of the employee involved. For instance, a person with hearing impairment may have different accommodation needs than a person with depression. If you plan to request a reasonable accommodation, you need to get familiarized with the examples:
Examples of reasonable accommodations for mental health include:
- Take the time or day off to go to therapy or counseling
- Flexible schedule so the employee can complete the tasks on time they feel the best working
- Work from home arrangements due to social anxiety or stress due to commuting to work
- Part-time work or shorter hours to cater for a child or family member who has a mental illness
- Unpaid leave to join a treatment program such as substance abuse programs or in-patient psychiatric programs.
- A silent work location to avoid distractions for people experiencing depression, PTSD, or anxiety
- A clean workplace for an employee with obsessive-compulsive disorder
Process of Getting Reasonable Accommodation
Do you need to request reasonable accommodation? You need to know the process. The first is to let your supervisor or human resources know. Your HR will most likely let you fill up a reasonable accommodation request form. Or other companies will let you send an email or letter to HR to express your concerns or explain your situation.
Just a heads up, there may be other companies that are not aware of the ADA and the reasonable accommodation. If that’s the case, you can educate them about your condition, rights as an employee, and your request. It helps if you send them a link or print out a copy of the ADA and highlight the portion that’s pertinent to your situation. In case you need the complete information about ADA and samples of reasonable accommodations, click this link.
The request should be considered but may not be fully granted depending on the company’s situation. For instance, taking time off from work for a month to go to rehab may significantly affect the business. This can always be discussed, and the employer and employee can meet halfway or make other arrangements. For example, attending a nearby alcoholic anonymous session or shortening the rehab to two weeks instead of one month, depending on the situation.
I Was Fired Because of My Illness: What Should I Do?
What is the worse happens? If you think you were wrongfully terminated because of your mental health, with no objective reason, that is a clear case of discrimination. At this point, practice your rights by submitting a claim to the local Equal Employment Opportunity Commission (EEOC) office. You can also call a lawyer and consult if you can file for wrongful termination.
On A Final Note
Now that you’re aware of your rights, you should feel at peace not worrying about your job because of a mental health decline. What is your next move at the moment? Please take care of your mental health. If you think you need help and need someone to talk to, please speak to us here at Kentucky Counseling Center (KCC).
Remember: your company can replace you anytime, but you can never replace your peace of mind. Before anything else, your mental health is important. Do not be scared of seeking help because taking the first big step is always a step closer to the cure.