Tag: disability rights

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Mental Health Disability Discrimination: Know Your Rights

Depression and anxiety make you feel like you're going to pieces. The ADA protects you from discrimination, harassment and wrongful termination.

Mental Health at Work: Know Your Rights

Mental health is a critical component of our overall well-being, yet it remains a subject shrouded in stigma, especially in the workplace. While conversations around mental health have become more common, employees with conditions like depression or anxiety still face significant hurdles, including the risk of discrimination and wrongful termination. Understanding your rights and the legal protections available is the first step toward ensuring fair treatment and fostering a supportive work environment.

This post will explore the legal frameworks designed to protect employees with mental health conditions, an employer’s responsibilities, and the steps you can take if you believe you have experienced mental health disability discrimination.

Legal Protections for Mental Health in the Workplace

Federal and state laws provide a strong foundation for protecting employees with mental health disabilities. The two most significant are the Americans with Disabilities Act (ADA) and California’s Fair Employment and Housing Act (FEHA).

The Americans with Disabilities Act (ADA)

The ADA is a federal civil rights law that prohibits discrimination against qualified individuals with disabilities. This protection extends to mental health conditions that substantially limit one or more major life activities. Under the ADA, employers with 15 or more employees are forbidden from discriminating in any aspect of employment, including:

  • Hiring and firing
  • Compensation and advancement
  • Job assignments and training
  • Other terms and conditions of employment

The ADA makes it clear that employment decisions must be made based on employee qualifications rather than on stereotypes about an employee’s disability.

 

The ADA also requires employers to provide “reasonable accommodations” for employees with known disabilities, as long as it doesn’t cause “undue hardship” for the business. This is a crucial provision for employees with mental health conditions who may need adjustments to perform their jobs effectively.

California’s Fair Employment and Housing Act (FEHA)

In California, the Fair Employment and Housing Act (FEHA) offers even broader protections than the ADA. FEHA applies to employers with five or more employees and has a more expansive definition of disability. Unlike the ADA’s “substantially limits” standard, FEHA protects employees with a mental or physical condition that merely “limits” a major life activity. This lower threshold means more Californians are protected from disability discrimination.

Like the ADA, FEHA mandates that employers provide reasonable accommodations and engage in a timely, good-faith interactive process with the employee to determine an effective accommodation.

A Case Study: Fired for Depression

The real-world consequences of mental health disability discrimination are stark. A recent case involving Ranew’s Management Company, Inc., highlights the severe penalties employers can face for violating the ADA.

According to a lawsuit filed by the Equal Employment Opportunity Commission (EEOC), a Ranew’s employee informed the company of his severe depression diagnosis and requested three weeks off, as recommended by his doctor. The company’s CEO initially appeared supportive, telling the employee to take all the time he needed.

However, when the employee was cleared by his doctor to return to work six weeks later, the CEO refused to let him come back. The CEO stated he could not trust the employee to perform his job duties and terminated his employment. This action constituted a clear violation of the ADA.

As a result, Ranew’s Management Company agreed to a settlement of $250,000 in monetary damages for the employee. The company must also implement new ADA policies, conduct training for all staff, and submit to monitoring.

Marcus G. Keegan, regional attorney for the EEOC’s Atlanta District Office, stated, “The ADA makes it clear that employment decisions must be made based on employee qualifications rather than on stereotypes about an employee’s disability.” This case serves as a powerful reminder that discrimination based on biases and fears about mental health is illegal and will be prosecuted.

Employer Responsibilities: Reasonable Accommodations

Employers have a legal and ethical duty to support employees with mental health conditions. A primary responsibility is providing reasonable accommodations. An accommodation is any change in the work environment or in the way things are customarily done that enables an individual with a disability to enjoy equal employment opportunities.

Examples of reasonable accommodations for mental health conditions include:

  • Modified work schedule: Allowing for flexible hours or a part-time schedule.
  • Changes in the work environment: Providing a quieter workspace or noise-canceling headphones to reduce distractions.
  • Adjusted job duties: Reallocating non-essential tasks to other team members.
  • Leave of absence: Granting time off for treatment and recovery, as seen in the Ranew’s case.
  • Telecommuting: Permitting an employee to work from home.
  • Reassignment: Moving the employee to a vacant position that better suits their needs.

An employer must engage in an “interactive process” to find a suitable accommodation. This is a collaborative effort between the employer and employee to identify the limitations created by the disability and find a reasonable solution. Refusing to engage in this process can itself be a violation of the law.

Know Your Rights as an Employee

If you have a mental health condition, it is vital to know your rights. You are protected from discrimination, harassment, and wrongful termination based on your disability.

You have the right to:

  • Request a reasonable accommodation without fear of retaliation.
  • Keep your medical information confidential. Employers can only ask for medical information if it is job-related and necessary for the business.
  • Be free from harassment based on your disability.
  • File a charge of discrimination if you believe your rights have been violated.

If you decide to disclose your condition to your employer to request an accommodation, it is often best to do so in writing. Clearly state that you have a medical condition that requires an adjustment to your work duties or schedule. You do not need to disclose the specific diagnosis unless necessary to establish the need for accommodation.

Creating a Supportive Workplace: Tips for Employers

Forward-thinking employers understand that supporting employee mental health is not just a legal requirement but also a business imperative. A supportive workplace culture leads to higher productivity, lower turnover, and better employee morale.

Practical tips for employers include:

  • Develop Clear Policies: Create and distribute clear anti-discrimination and reasonable accommodation policies that explicitly mention mental health.
  • Train Managers and Staff: Educate all employees, especially managers, on the ADA, FEHA, and how to recognize and respond to accommodation requests appropriately.
  • Promote an Open Culture: Foster an environment where employees feel safe discussing mental health without fear of stigma or reprisal.
  • Lead with Empathy: Encourage managers to approach employees with compassion and a willingness to find solutions.
  • Be Proactive: Regularly check in with employees and offer resources, such as an Employee Assistance Program (EAP), to support their well-being.

Take Action Against Discrimination

Mental health conditions like depression and anxiety are disabilities protected under the law. Employers who make decisions based on stereotypes or fear are not just acting unethically; they are breaking the law. The financial and reputational costs of a disability discrimination lawsuit, as demonstrated by the Ranew’s case, are significant.

If you, a friend, or a family member has experienced mental health disability discrimination, harassment, or wrongful termination, you have legal options. Protecting your rights is essential not only for your own well-being but also for holding employers accountable and creating a fairer workplace for everyone.

Contact the disability discrimination attorneys at Helmer Friedman LLP for a free case evaluation to understand your rights and explore your legal options.

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Work-From-Home Requests and ADA Compliance: Employee Guide

Telework accommodations under Americans with Disabilities Act.

ADA Compliance and Telework Requests: What Employees Need to Know

The move toward remote work has redefined expectations in the workplace, but it has also raised important legal questions for employees—especially those living with disabilities. Understanding your rights when it comes to requesting telework under the Americans with Disabilities Act (ADA) is essential. A recent disability discrimination lawsuit $22.1 million verdict in Billesdon v. Wells Fargo Securities, Inc. highlights just how significant ADA protections can be for workers. This guide will explain your rights, outline the steps to take if you need a telework accommodation, and offer resources to help you advocate for a fair and accessible workplace.

Your Rights Under the ADA

The Americans with Disabilities Act (ADA) protects employees who have disabilities and work for employers with 15 or more staff. As an employee, you are entitled to “reasonable accommodations”—changes in your work environment or schedule that help you perform essential job functions or access workplace benefits.

Reasonable accommodations may include flexible scheduling, assistive technology, or—more commonly than ever—permission to work remotely. Employers are required to provide these as long as doing so doesn’t cause them significant hardship.

Telework as a Reasonable Accommodation

Remote work is now a recognized accommodation under the ADA. For many with disabilities, it means better access, flexibility, and a fair chance to contribute. However, not every role can be done from home. Your employer is obligated to treat telework requests seriously and make individualized decisions:

  • Equal Access, Not Guarantees: While employers don’t have to offer telework to everyone, if remote work is an option in your workplace, you have the right to request it as an accommodation.
  • Case-by-Case Decisions: Your job duties will be examined to see if remote work is possible. For example, computer-based positions may be suitable, while jobs needing your physical presence, such as in-person services or hands-on work, may not.
  • Legal Example: The Wells Fargo case serves as a powerful warning. In that instance, failing to even consider a legitimate telework request resulted in a multi-million-dollar judgment.

The Interactive Process: What to Expect

When you request a workplace accommodation, federal law requires your employer to start what’s called an interactive process—a back-and-forth discussion designed to find a workable solution. Here’s what you should know:

  1. Making the Request
    You don’t need legal jargon. Simply let your manager or HR know that a health condition affects your work and ask for changes—such as telework—that might help.
  2. Collaborating on Solutions
    You’ll discuss which parts of your job are essential and whether they can be performed remotely. If remote work isn’t possible, your employer must explore other solutions, like ergonomic equipment or adjusting your schedule.
  3. Assessing Feasibility
    Your employer must look at whether allowing you to work from home will cause significant problems for the business, such as:

    • Can you be effectively supervised while remote?
    • Will you have the equipment needed?
    • Is in-person collaboration essential to your tasks?

All of these questions should be part of an open, documented conversation aimed at finding the best solution.

Questions That May Come Up

During the process, you may be asked questions including:

  • Does your job require equipment or resources that are only available in the office?
  • How often is in-person teamwork required?
  • Can your work quality and output stay the same while remote?

Documented, thoughtful answers help protect your rights if a disagreement occurs.

What Recent Court Rulings Mean for You

The Billesdon v. Wells Fargo Securities, Inc. decision is a clear signal to both employees and employers: denying or ignoring a reasonable accommodation request can have serious consequences. In that case, failure to properly discuss and consider a telework arrangement led to a $22 million verdict. For employees, this means you have powerful legal backing when your requests are handled improperly.

Best Practices When Requesting Accommodations

To improve your chances of a successful accommodation process, consider the following steps:

  1. Begin the Conversation Early

As soon as you realize you may need telework or another accommodation, reach out to HR or your supervisor with a clear, honest explanation.

  1. Keep Records

Document your requests and all related conversations. This paperwork can support your case if you face pushback or delays.

  1. Be Specific About Your Needs

Clearly explain how telework or another adjustment will help you with your job duties.

  1. Ask About Alternatives

If your first choice isn’t possible, work with your employer on other options that might suit your needs.

  1. Stay Engaged

Circumstances change—review any accommodations regularly to make sure they are still effective and appropriate.

Resources and Support for Employees

Navigating ADA accommodations can be complicated. You have access to several resources for guidance:

  • Equal Employment Opportunity Commission (EEOC) offers clear explanations of employee rights under the ADA. For direct help, call (202) 921-2539 or visit eeoc.gov.
  • Job Accommodation Network (JAN) gives confidential, free advice on seeking workplace accommodations. Contact 1-800-526-7234 or visit askjan.org.
  • Helmer Friedman LLP an employment lawyer focused on ADA issues can help you understand your legal standing and options to help resolve barriers. Contact 1-310-396-7714 or visit www.HelmerFriedman.com.

Building a Fair and Inclusive Workplace

Standing up for your rights under the ADA does more than protect your job—it helps create a culture of inclusion for everyone. When employees and employers work together to address accommodation requests, the results can include:

  • Improved morale and retention,
  • A safer, more accessible workplace,
  • Fewer conflicts and costly legal battles,
  • And a stronger commitment to fairness and respect.

Knowledge is power. Understanding your rights—and acting on them—can drive meaningful change in your workplace.