
Mental health issues are often stigmatized or overlooked in the workplace. Legal protections have been put in place for workers with mental health conditions to ensure that these individuals are not treated unfairly due to biases or discrimination. If you feel like you are being harassed or discriminated against based on a mental health condition, contact an Atlanta employment rights attorney today to discuss your situation and learn about your options.
What Legislation Protects Employees with Mental Health Issues?
One of the most important laws governing mental health condition protections in the workplace is the ADA (Americans with Disabilities Act). The Americans with Disabilities Act of 1990 is a federally enforced regulation offering legal protections to applicants and employees with disabilities across the country. The EEOC (Equal Employment Opportunity Commission) enforces this law, prohibiting discrimination against individuals with disabilities in various areas of life, including employment.
Also enforced by the EEOC, the FMLA (Family and Medical Leave Act) protects employees with mental health conditions by offering job-protected leave for those struggling.
Another important law protecting workers with mental health disabilities is the Mental Health Parity and Addiction Equity Act (MHPAEA). The MHPAEA offers protection for workers covered by their employer’s health care.
What Legal Protections Are Offered to Workers with Mental Health Conditions?
Under the ADA, an individual with a mental impairment that substantially limits their major life activities is protected from discrimination and harassment in the workplace. Employers are not permitted to make any decisions based on an individual’s mental health condition. This includes firing, demotions, promotions, wages, hours, etc. Discrimination and harassment can come in many forms like purposefully excluding an individual, making rude jokes, making threats, and more.
Another protection offered by the ADA is reasonable accommodations. Employers are required to provide reasonable accommodations to employees with mental health conditions, given that the change does not impose undue hardship on the company. Mental health accommodations may include flexible schedules, work-from-home options, additional breaks, etc.
The FMLA offers job-protected leave to qualifying employees. Under this act, certain employees are entitled to take up to 12 weeks of unpaid but job-protected leave for several reasons, one of which being their own serious medical condition. Mental health issues can fall under this act.
The MHPAEA allows certain protections for employees as well. Under this act, healthcare plans are prohibited from imposing barriers on access to mental health benefits. As a result, health plans and insurance cannot impose less favorable benefit limitations on mental health benefits than medical or surgical benefits.
Various legislatures and laws offer protections for individuals with mental health conditions in the workplace. Learn more about your rights and legal options by contacting an experienced attorney today.