Anyone occasionally has challenging hours, days, weeks, and even months. Yet, for other people, these days are more than just a bad mood; they are symptoms of a mental illness like depression, bipolar disorder, or anxiety. Having mental health issues can have an impact on many facets of your life, including your career.
In California, a lot of people worry about how to handle their mental illness at work, especially if symptoms occasionally manifest. First and first, it’s important to understand that, according to California law, mental illness qualifies as a disability. As a California disability discrimination attorney may explain, this means that if you have a mental illness, you may be entitled to certain protections.
In Most Circumstances, Reasonable Accommodations Must Be Offered
In California, mental disabilities are extensively defined, and businesses with five or more employees are required to provide reasonable accommodations for persons with mental disabilities unless doing so would place an excessive burden on the business. California law defines mental disabilities as intellectual learning deficits, emotional illnesses, and mental and psychological diseases or afflictions.
Your Employer May Only Inquire About Your Mental Health in Certain Circumstances
Your manager is unlikely to ask about your mental health if you show signs of it while working. Inquiries concerning an employee’s mental health are only permitted in the following circumstances, per the Equal Employment and Opportunity Commission (EEOC):
- If a worker asks for a reasonable accommodation
- When a business makes accommodations for people with impairments, such as noting job applicants’ disabilities
- When there is proof that your health condition could prevent you from performing your job or could endanger others
- When there is proof that your health condition could prevent you from performing your job duties or could endanger others
- When you accept a job offer and the employer requests the same details from every applicant
Your employer is not entitled to ask you about your mental health unless certain conditions apply.
Your Employer Cannot Treat You Differently Because of a Mental Health Condition
It’s important to note that even if you never tell your boss or supervisors that you have a mental illness, they cannot treat you unfairly if they just assume you have a disability. According to a California disability discrimination lawyer, employees in California are protected from discrimination based on perceived disabilities. This means that even if your employer has a suspicion that you may have a mental disorder, they still may not treat you differently.
You might be qualified to file a disability discrimination claim, for instance, if you experience a period of severe depression and your employer penalizes you as a result of your depressive symptoms.
Handling mental health issues at work can be challenging enough without having to deal with a manager who doesn’t care about your needs. If you have experienced discrimination because of your mental health disability, you might be entitled to file a lawsuit against your employer.
Call PLBH at (800) 435-7542 to speak with a knowledgeable employment lawyer.