Mental health related disabilities. There are employers who will gladly provide accommodations for an employee who uses crutches or a wheelchair – but are unwilling to consider the needs of an employee with a mental illness. However, the Americans with Disabilities Act (ADA) applies to mental conditions as well as physical ones.
In fact, mental health-related disabilities are mentioned in the first line of the ADA. It states, “The Congress finds that physical or mental disabilities in no way diminish a person’s right to fully participate in all aspects of society, yet many people with physical and mental disabilities have been precluded from doing so because of discrimination.”
What Mental Illnesses are Considered Disabilities Under the ADA?
There is no definitive list of which conditions (mental or otherwise) are covered by the ADA. The ADA defines a disability as “a) a physical or mental impairment that substantially limits one or more of the major life activities of (an) individual, b) a record of such an impairment, or c) being regarded as having such an impairment.” There are a variety of mental health conditions that meet those requirements.
The Equal Employment Opportunity Commission (EEOC) has provided examples of mental conditions that can be considered mental impairments under the ADA. These include:
- Major depression;
- Bipolar disorder;
- Anxiety disorders (which include panic disorder, obsessive compulsive disorder, and post-traumatic stress disorder);
- Schizophrenia; and
- Personality disorders.
To qualify as a disability under the ADA, the mental impairment must substantially limit a major life activity. And just as there is no definitive list of disabilities, there is also no definitive list of major life activities. However, the EEOC’s Enforcement Guidance on the Americans with Disabilities Act and Psychiatric Disabilities states that all of following activities are considered major life activities:
- Learning;
- Thinking;
- Concentrating;
- Interacting with others;
- Caring for oneself;
- Speaking;
- Performing manual tasks;
- Working; and
- Sleeping.
California Disability Law
The state of California has its own legislation that requires accommodations for employees with mental disabilities. The Fair Employment and Housing Act (FEHA) states that a mental disability includes, but is not limited to, all of the following:
- Having any mental or psychological disorder or condition, such as an intellectual disability, organic brain syndrome, emotional or mental illness, or specific learning disabilities, that limits a major life activity.
- Any other mental or psychological disorder or condition not described in paragraph 1 that requires special education or related services.
- Having a record or history of a mental or psychological disorder or condition described in paragraph 1 or 2 that is known to their employer.
- Being regarded or treated by the employer as having, or having had any mental condition that makes achievement of a major life activity difficult.
- Being regarded or treated by the employer as having, or having had, a mental or psychological disorder or condition that has no present disabling effect, but that may become a mental disability as described in paragraph 1 or 2.
Note that unlike the ADA, FEHA does not require that the condition “substantially” limit a major life activity. It only requires that the condition limit a major life activity.
Mental Health Disability Legal Questions
If you believe that your employer has discriminated against you on the basis of a mental disability – or if you are an employer, and a claim has been filed against you– it is important that you seek the advice of an attorney. You can call or email the employment and labor law attorneys at Beck Law P.C. in Santa Rosa, who have many years of experience in workplace discrimination cases.