Discrimination in the Workplace Because of Mental Health or Mental Illness

Despite all the public information campaigns, the news articles, and the awareness movements, the sad fact remains that there is still discrimination against people with mental illness.

That discrimination comes in two forms: One is the mere fact that so many people don’t see mental illness as “real,” or at least, a real disability, and the other is in the fact that others don’t see it as “as bad” or “as serious” as a physical disability.

Both of these notions are obviously false. But they exist nonetheless, which is why workers who do suffer from mental illness should be aware of their rights at work, particularly, of the right to be free from discrimination in the workplace.

The ADA Protects Mental Illness

The Americans With Disabilities Act or ADA, doesn’t differentiate between mental and physical illness in that so long as the ADA’s definition of disability is met, the disability can be mental or physical. Put another way: Mental illness is protected to the same extent as physical disability.

To be covered under the ADA, a mental (and physical) illness must impair or restrict a major life activity.

The ADA also covers disabilities that may “come and go,” as many mental disabilities may do. The fact that someone with a mental disability has “good days and bad days,” doesn’t mean they aren’t protected by the ADA.

Many psychiatric medications do come with serious side effects, which may include lethargy, lack of focus, or other side effects. The ADA protects you, even if it’s the medicine you take for your mental disability, and not the mental disability itself, that affects your ability to do your job.

Finding Discrimination and Bias

Because there tends to be an inherent bias against people with mental illness, many workers may find employers are more likely to make comments indicating that bias.

In fact, the EEOC reported a rise in complaints related to mental illnesses, and has brought and settled cases for workers discriminated against because they had bipolar,  schizoaffective or depressive disorders or PTSD.

Comments that an employee is “crazy,” or that an employee “needs to cheer up,” or similar language, may all indicate a hidden bias against the employee, when coupled with an adverse employment action.  This behavior at work is not acceptable and may give rise to a claim for disability discrimination.

Denial or punishment of workers, or any adverse action based on the perception that someone with mental illness is dangerous, or that they will need to be absent for doctors’ appointments, are also forms of discrimination. Punishment based on performance can also be discrimination if an employee can’t meet the work standards or requirements set, because of mental illness.

The same goes for refusal to allow employees to take necessary medicines to treat mental illnesses.

Accommodations

Employers will often say that the worker “can’t do the job” because of mental illness, thus justifying dismissal or termination. But unless and until all reasonable accommodations are explored and provided to the employee, that excuse won’t be a valid defense to discrimination against mental illness in the workplace.

Contact the San Jose employment lawyers at the Costanzo Law Firm today if you are being discriminated against at work, because of any kind of mental illness.

Sources:

ps.psychiatryonline.org/doi/10.1176/appi.ps.20220379

shrm.org/topics-tools/news/inclusion-equity-diversity/eeoc-wants-to-curb-mental-health-discrimination