Individuals from all backgrounds and experiences should be able to fully participate in all aspects of society, including employment. Many state and federal laws uphold this principle. And when it comes to individuals with disabilities, the Americans with Disabilities Act (ADA) and the California Fair Employment and Housing Act (FEHA) were enacted to help ensure that employees are not excluded from participation in the workplace because of their disabilities.
You likely know that an employer must make workplace accommodations for someone who needs a wheelchair or is visually impaired. But did you know that employers must make accommodations for individuals with mental health conditions? Just like with any other disability, businesses, agencies, and organizations must make reasonable mental health accommodations for employees who need them to perform their work. To understand when and how you can request mental health accommodation for your job, please read the information below. And for expert help with enforcing your right to reasonable accommodations, speak to the experienced employment attorneys at Matern Law Group, PC.
Examples of Mental Health Discrimination
Although national statistics report that one in five people will experience a mental health condition in their life, many employers still engage in unlawful discrimination against individuals with mental health conditions. Workplace discrimination against people with mental health conditions includes the following conduct:
- Refusing to hire,
- Harassment,
- Unequal treatment,
- Refusing equal pay,
- Denying promotion,
- Job termination, and
- Failure to accommodate.
If you experience any type of mental health discrimination, speak to an attorney immediately so they can take proper legal action to uphold your rights.
Your Legal Right to Accommodation
Under the ADA and FEHA, an employer must provide reasonable accommodation to an employee or job applicant who is qualified for the job in question and has a disability. If the accommodation you need does not impose an undue hardship on your employer, your employer must provide it. An accommodation poses an undue hardship if it is prohibitively expensive or disruptive to the workplace. But do not accept without question when an employer claims that the accommodation you need is too expensive or burdensome. The law is often more generous than employers when it comes to determining what accommodations an employer can reasonably provide.
Who Has a Right to Accommodation?
An employer with five or more employees must accommodate any employee or job candidate who is qualified for the job. What does “qualified” mean? A qualified employee is someone who has the ability to perform the essential functions of a job with or without reasonable accommodation.
When Can You Request an Accommodation?
You can request accommodations when searching for a job, starting a new job, or performing duties for a job you have had for a significant amount of time. Your right to accommodation applies to your needs when completing a job application and interview process and to your needs as an employee.
Asking for Reasonable Accommodation
Employers are required to reasonably accommodate employees when a disability is obvious, when they learn of a disability, or when an employee requests accommodation. If you have a mental health condition, your disability is typically not obvious to the people around you, so you will likely have to request an accommodation from your boss. Once you have made your accommodation request, your employer needs to begin an interactive process that assesses the characteristics of your job and your specific accommodation-related limitations. You can help this interactive process by understanding what type of accommodation you need and providing a list of options for accommodation. Giving your employer options can make it more difficult for your employer to find an excuse to deny accommodation.
Examples of Reasonable Accommodations for Mental Illness
Do you need OCD accommodations? Accommodations for ADHD at work? Or maybe you need accommodations for another mental condition that substantially limits one or more of your major life activities. There are many ways an employer can accommodate an employee with a mental health condition, including:
- Providing a private workspace to eliminate distractions or triggers;
- Increasing natural or full-spectrum lighting;
- Allowing an employee to work from home as an accommodation for anxiety or another condition;
- Permitting an employee to have an emotional support animal in the workplace (these animals do not have to be trained);
- Providing assistive devices, such as headphones to decrease distractions, tape recorders to help with memory issues, and organizing technology;
- Removing non-essential job duties from an employee’s work obligations;
- Restructuring a job according to an employee’s impairment;
- Changing managerial communication styles;
- Providing additional breaks;
- Allowing food in the workspace for an employee who needs to take medication with food; and
- Providing additional training according to an employee’s needs.
This list of accommodations is not exhaustive, but it gives you an idea of what you can request to make your work environment more accommodating. It is crucial that you speak to your mental healthcare provider and an experienced attorney for help formulating the best list of workplace accommodations for you.
Matern Law Group Can Help Protect You
Whatever type of disability you have, you should be getting the most out of your workplace. The experienced employment attorneys at Matern Law Group work hard to ensure California employers respect the rights of each worker. The firm also works hard to ensure that it cultivates an atmosphere of health and wellness for its own employees — Matern Law Group practices what it preaches. If you need help with an employment dispute, call the firm at 855-913-1134 or schedule a consultation online.
