Protect Yourself Against Mental Health and Workplace Discrimination

Mental health is a crucial aspect of overall well-being, and it's essential that workplaces foster an environment where employees feel safe and supported. Unfortunately, mental health discrimination in the workplace is still a significant issue. This guide provides an overview of how to protect yourself against mental health discrimination at work, the legal protections available, and steps you can take if you face discrimination.

Understanding Mental Health Discrimination

Mental health discrimination occurs when an employee is treated unfavorably because of a mental health condition. This can include hiring, firing, job assignments, promotions, pay, benefits, and other employment terms and conditions. Discrimination can also manifest as harassment or creating a hostile work environment based on someone's mental health status.

Legal Protections Against Mental Health Discrimination

Several federal and state laws protect employees from mental health discrimination:

Federal Protections

1. Americans with Disabilities Act (ADA):

   • The ADA prohibits discrimination against qualified individuals with disabilities, including mental health conditions, in all areas of public life, including jobs.

   • Employers must provide reasonable accommodations to employees with mental health conditions unless doing so would cause undue hardship.

2. Family and Medical Leave Act (FMLA):

   • The FMLA allows eligible employees to take up to 12 weeks of unpaid, job-protected leave per year for serious health conditions, which can include mental health conditions.

California State Protections

1. California Fair Employment and Housing Act (FEHA):

   • The FEHA provides broader protections than federal law and prohibits discrimination based on physical or mental disabilities.

   • Like the ADA, FEHA requires employers to provide reasonable accommodations for employees with disabilities.

2. California Family Rights Act (CFRA):

   • The CFRA allows eligible employees to take up to 12 weeks of unpaid leave for their own serious health condition, which includes mental health conditions.

Recognizing Mental Health Discrimination

Discrimination can take many forms, including but not limited to:

• Refusing to Hire or Promote:

  • Denying employment or promotion opportunities due to a mental health condition.

• Unfair Treatment:

  • Assigning less desirable tasks, reducing work hours, or providing fewer benefits based on mental health status.

• Harassment:

  • Making derogatory remarks, jokes, or comments about someone's mental health.

• Failure to Accommodate:

  • Refusing to provide reasonable accommodations that would enable an employee to perform their job.

Steps to Protect Yourself

1. Know Your Rights:

   • Familiarize yourself with your rights under the ADA, FMLA, FEHA, and CFRA. Understanding these laws can empower you to recognize and address discrimination.

2. Document Everything:

   • Keep detailed records of discriminatory incidents, including dates, times, locations, and individuals involved. Save any relevant emails, messages, or other communications.

3. Request Reasonable Accommodations:

   • If you need accommodations, make a formal request to your employer. Be specific about the accommodations you need and how they will help you perform your job.

4. Report the Discrimination:

   • Report the discrimination to your Human Resources department or a supervisor. Follow your company’s procedures for addressing workplace discrimination.

5. Seek Support:

   • Talk to trusted colleagues, friends, or family members about what you are experiencing. Consider seeking support from a counselor or therapist.

6. File a Complaint:

   • If your employer does not address the issue, you can file a complaint with the Equal Employment Opportunity Commission (EEOC) or the California Department of Fair Employment and Housing (DFEH).

7. Consult an Attorney:

   • Consult with an experienced employment law attorney to understand your rights and explore your legal options. An attorney can help you navigate the complaint process and represent you in legal proceedings.

Mental health discrimination in the workplace is a serious issue that can impact your professional and personal life. By understanding your rights and taking proactive steps to address discrimination, you can protect yourself and ensure a fair and supportive work environment. For expert legal assistance, contact FairWork Legal Group.

If you need help with a mental health discrimination claim or have questions about your rights, contact FairWork Legal Group. Our experienced attorneys are dedicated to protecting employees from discrimination and ensuring justice in the workplace.