Employment Law and Mental Health: Your Rights in the Workplace
If you have a fever or a broken bone, your boss will likely give you sick leave from work. But would they do the same if you were battling depression or anxiety?
Maybe not. Even though they should – ethically and legally.
Employees have legally protected mental health rights in the workplace – but sometimes they’re unaware of these rights. To put it simply, employers should address mental health issues with the same attention as they do physical ailments.
In recent years, the mental health of employees has gained a lot of attention – and for good reason. Providing employees with a safe and supportive working environment that safeguards their mental health rights boosts productivity and job satisfaction, reduces workplace tension and conflicts, and decreases employer turnover. What’s more, looking after mental health in such ways is also a legal requirement for employers.
On the other hand, not paying attention to mental health laws in the workplace could limit employees’ capacity to take pleasure in their jobs and succeed. Moreover, it could negatively impact their attendance, or prevent them from finding and keeping a new job further down the line.
If you’re unsure of your mental health rights in the workplace or are an employer who wants to safeguard employee well-being, professional mental health guidance can help. This article can also increase your understanding of employment law and mental health by discussing:
- What employment law is when it comes to mental health
- Whether your employer can fire you for mental health issues
- If you can be refused a job due to mental health problems
- What your mental health rights at work are
- How to file a mental health discrimination claim
- When to seek guidance on employment law and mental health
What Is Employment Law When it Comes to Mental Health?
Different states within the U.S. have varying mental health laws. However, in general, employers must ensure a safe and healthy work environment for employees. This means that they should handle issues to do with mental health similar to how they would approach physical injuries.
The Americans with Disabilities Act (ADA) and the Family and Medical Leave Act (FMLA) are the regulations that protect people with disabilities, including those related to mental health, against discrimination in the workplace.1
In a nutshell, what these regulations mean is that employers have to legally treat psychological issues as disabilities. Therefore, they have to assess the risks associated with them, take action to manage these risks, and routinely assess whether the steps they’re taking are working. Additionally, various discrimination laws safeguard workers with mental illness from bias and judgment.
To put this information as simply as possible, employers should make sure that their workplace practices do not negatively affect workers with mental health issues. What’s more, they should also put steps in place that meet employees’ needs when possible – without putting an excessive strain on the company.
Can My Employer Sack Me for Mental Health Issues?
To answer this question as clearly as possible; “No.” As mentioned earlier, employers are legally not allowed to discriminate against employees based on mental health issues. This includes letting someone go, overlooking them for a job or promotion, or forcing them to take leave.2
Even though laws forbid employers from letting someone go due to mental health issues, there are exceptions to these rules. For instance, they may terminate an employee if their mental health considerably affects their job performance. However, to make this decision, they have to conduct a fair and just assessment that involves:
- Inquiry: Carefully examining how the mental health condition affects the employee’s job performance.
- Consultation: Communicating with the employee regarding their unique situation and how it might be affecting their ability to do their job.
- Making accommodations: Looking into the issues and making reasonable accommodations to allow the employee to remain in their position, if possible.
- Documentation: Recording every step involved in the process.
Can You Be Refused a Job Due to Mental Health?
The answer to this question is also “No.” In many states, employees with depression or anxiety and other mental health issues are protected from discrimination. This means you cannot be denied employment solely due to having a mental health issue. Just as steps have to be taken in the workplace to protect mental health, employers must also take reasonable actions to employ someone based on their ability to do the job.
While you might now understand that an employer can neither fire you from a job nor refuse to hire you based on a mental health condition, you may still be confused about why this is the case. For this reason, we detail mental health rights at work to raise your awareness of how you’re legally protected in the workforce.
What Are the Mental Health Rights at Work?
As briefly touched on earlier, the Americans with Disabilities Act (ADA), enacted in 1990, continues to influence work culture. The ADA defines “disability” as a physical or mental condition that seriously limits the ability to perform one or more major life activities. When employees have a mental health condition that fits this description, they are entitled to workplace accommodations.
What’s more the ADA Amendments Act of 2008 (ADAAA) has recently expanded the definition of disability to protect workers with a wider range of issues – including those with psychiatric disabilities.
This act protects employees with mental health issues in the following ways.
1. Protection Against Discrimination
While, originally, discrimination laws focused mostly on issues relating to race, sex, religion, and sexual orientation, the ADA now protects those with mental health conditions. This means that people with a history of mental health issues or who currently have emotional conditions cannot be discriminated against during the hiring process. They also can’t be treated differently when assigning job tasks, giving promotions, during termination, or in any other employment-related activities.
The mental health conditions protected under this act include attention deficit hyperactivity disorder (ADHD), autism, bipolar disorder, major depressive disorder, obsessive–compulsive disorder (OCD), post-traumatic stress disorder (PTSD), and schizophrenia.
2. Right to Reasonable Accommodations
Employers are also required to make reasonable accommodations or modifications to workplace rules, policies, practices, or services to help someone with a disability access equal opportunities.
The goal is not to provide an unfair advantage to someone with a mental health condition, but, instead to make up for the effects of a disability in the workplace. For example, an employer might share job responsibilities within the team, offer programs that can make a task more manageable, allow for flexible hours, or reorganize the physical work environment.
3. Privacy and Confidentiality
According to the ADA, people applying for jobs and current employees with mental health conditions are entitled to privacy. Therefore, people who decide not to disclose their mental health issues are not “deceiving” or “concealing from” their employer. They are exercising their mental health disclosure rights at work.3
To put it another way, employees aren’t required to reveal a mental health condition unless they are seeking a job accommodation. In this case, the employer may request certain medical documents regarding the disability – such as evidence of a diagnosis. However, this health information cannot be disclosed to others at work.
In some cases, after receiving a job offer, candidates might be required to undergo a medical examination before commencing employment. If this assessment shows evidence that someone cannot perform the essential job tasks without accommodations or if there’s a genuine safety risk, the job offer might be revoked. This does not affect the candidate’s mental health rights.
As a note, federal contractors are required to encourage applicants and employees to reveal any disabilities voluntarily. Any information given is used to help employers understand whether they’re hiring a diverse set of people with disabilities. This information should remain private from managers or colleagues.
4. Leave for Mental Health Conditions
Mental wellness leave gives employees valuable time to recover from stress, anxiety, depression, or other mental health conditions. It is similar to taking time off for physical illnesses such as injuries.
What’s reassuring is that the Family and Medical Leave Act (FMLA) protects workers from consequences or discrimination for taking medical leave. In other words, it allows them to concentrate on their mental health without having to worry about negative effects on their jobs.
If the FMLA covers you, you can take unpaid leave for medical or mental health purposes for up to 12 weeks. Even though FMLA leave is unpaid, it protects your job and health benefits. Therefore, your employer cannot dismiss you as long as you are eligible for mental health leave under the FMLA.
In simple words:
- You can have a continuous mental health break for several weeks or months, or
- Take intermittent time off, like a few hours each day for therapy, or
- Take a day off to manage issues such as panic attacks.
How to Request Mental Health Leave at Work
Here’s how you can request mental health leave at work:4
- Start by reaching out to a healthcare professional or therapist. Ask if they advise taking a break from work for mental health reasons.
- Check out the HR (human resources) policies of your company, particularly those related to mental health. These will help you find out if you are eligible for leave. If you qualify for a mental wellness break, follow the process for requesting leave for mental health.
- Confirm whether your leave will be compensated in order to manage your finances properly. In certain instances, you may qualify for disability benefits or short-term disability insurance while on leave.
- Get a written statement from your healthcare provider stating that you need time off for mental health reasons. Ask them to mention the number of days or weeks you need for recovery. Make sure they include all the information your employer requires.
- Discuss your time off with your supervisor. Usually, you don’t need to provide details to your direct supervisor; just politely inform them of your decision to focus on mental healing.
- Inquire about the back-to-work process and policy for a smooth transition. Some companies may require you to contact HR or a supervisor before returning.
5. Protection Against Harassment
The Occupational Safety and Health Act (OSHA) has employee-friendly guidelines to protect your mental health at work. It requires your employer to develop a safe and healthy work environment, free from discrimination and harassment. This ensures respect for employees and minimizes potential workplace stressors and triggers during times of distress.
Moreover, the OSHA encourages healthy communication between employees and employers by promoting open discussions about mental health problems. It also creates a more supportive environment by offering tools for addressing workplace violence, which is extremely important for maintaining peace and good mental health.
Employers should create comprehensive anti-harassment policies that clearly highlight prohibited behaviors, the procedures to report any such behaviors, and the consequences for violating anti-harassment policies. They should also protect employees reporting harassment and ensure fairness of the laws against retaliation for mental health-related issues.
Additionally, employers should provide ongoing training for both managers and employees on preventing harassment, identifying it, and the procedures for reporting it. They should conduct regular risk assessments to pinpoint potential sources of stress and harassment, and take appropriate disciplinary actions against offenders.5
6. Access to Benefits and Services
Here are several key benefits and resources that can help improve mental health in the workplace:
- Mental wellness training for managers and staff: Employers should receive appropriate training and education to identify signs of mental health issues so that they can provide proper support to their employees.
- Employee assistance programs (EAPs): Employees should have access to confidential counseling and support services, especially those facing personal or work-related difficulties.
- Behavioral health insurance: There are several health plans that provide coverage for behavioral health, including outpatient services such as therapy and medication, inpatient treatments, and more.
- Mental health first aid training: First aid training for mental health teaches colleagues to recognize and respond to mental health emergencies at work.
- Flexible work arrangements: Offering flexible work options to employees, such as telecommuting, paid leave, or reduced work weeks, can reduce stress and help them manage their responsibilities more conveniently.
- Access to mental health professionals: Employees should have access to therapists, counselors, and other mental health experts who they can consult in case of a mental health emergency.
How to File a Mental Health Discrimination Claim
A discrimination claim is a formal statement declaring that an organization was involved in employment discrimination. It requests the Equal Employment Opportunity Commission (EEOC) take corrective actions. However, the EEOC rules require you to file a charge before starting a lawsuit for unlawful discrimination.
If you are submitting a mental health discrimination claim, here are the basic steps you should follow:
- Gather evidence and document everything: Keep a record of all the times you faced discrimination, including dates, times, locations, and specific occurrences. This can include emails, memos, and witness statements.
- Establish the basis for discrimination: Clearly point out if your mental health condition affected the behaviors against you.
- Try to settle the problem informally: Before going legal, reach out to your employer or service provider. Try to settle the issue calmly by professionally discussing your concerns.
- Use internal complaint procedures: If things don’t settle informally, address the issue using a formal grievance procedure set up by your employer for such matters.
- If all else fails, file a formal complaint: Contact the U.S. Equal Employment Opportunity Commission (EEOC) or your local or state Fair Employment Practices agency. You may file the complaint in person, through email, or by phone. Fill out the necessary forms and provide all relevant information, along with your evidence and the justification for your request. Be aware of the strict time limits for filing a discrimination complaint, which vary by area, and contact the relevant agency without delay.6
Seek Guidance on Employment Law and Mental Health
Workplace policies usually protect and cover employees going through mental health difficulties. These policies support employees, make them feel at ease while working, improve their self-esteem and social interactions, and encourage them to be more productive.
Mission Connection offers a broad variety of mental health services for those needing more than typical weekly therapy appointments. Our programs easily fit into your daily schedule, and our flexible clinical programming is available at times that work best for you, whether in person or through virtual telehealth.
We provide individual and group therapy to support healing through the power of connection and community. Our unique treatment methods are delivered by licensed therapists and clinicians dedicated to helping our clients develop the skills required for lasting healing.
For more information, call 866-708-2250 and speak to one of our mental health experts today.
References
- Team, G. (2024, November 27). Laws that make mental health a priority for employees in the United States. Global People Strategist. https://globalpeoplestrategist.com/laws-that-make-mental-health-a-priority-for-employees-in-the-united-states/
- Depression, PTSD, & other mental health conditions in the workplace: your legal rights. (2016, December 12). US EEOC. https://www.eeoc.gov/laws/guidance/depression-ptsd-other-mental-health-conditions-workplace-your-legal-rights
- Mental Health Conditions in the Workplace and the ADA. (n.d.). ADA National Network. https://adata.org/factsheet/health
- How To Take A Mental Health Leave Of Absence From Work. (2025, February 3). GoodRx Health. https://www.goodrx.com/health-topic/mental-health/mental-health-leave-of-absence
- Spring Health. (2020, December 9). Mental health laws and the workplace: What HR leaders need to know. https://www.springhealth.com/blog/mental-health-laws-and-the-workplace-what-hr-leaders-need-to-know
- U.S. Equal Employment Opportunity Commission. (n.d.) How to File a Charge of Employment Discrimination. https://www.eeoc.gov/how-file-charge-employment-discrimination
