Workplace discrimination. For an employee with a mental or emotional disability, navigating the demands of the workplace can be especially perplexing. Unlike physical disabilities, which are often visible, mental challenges are visible only through the behaviors of the afflicted individual. Sometimes these behaviors carry with them social stigma and fear, which can actually exacerbate the underlying problems.
Employers may not wish to deal with the challenges of mental or emotional disabilities, but the law does not give them that choice. If you suffer from a diagnosed disability, you are entitled to workplace accommodations to give you every opportunity for success in the workplace. Absent those accommodations, a good employment law attorney may be necessary.
Common Mental Health Impairments and Workplace Discrimination
- Bipolar disorder: Over 6 million individuals suffer from this disorder, which is characterized by shifting moods and energy.
- Borderline Personality Disorder (BPD): 4-5%t of adults in this country suffer the instability in behavior, self-image and moods, impacting many aspects of the person’s life.
- Obsessive Compulsive Disorder (OCD): Over 2 million Americans experience compulsions regularly that interfere with life functions;
- Panic Disorder: 6 million people in the US have anxieties resulting recurrent panic attacks.
- Post Traumatic Stress Disorder (PTSD): Nearly 8 million Americans experience decreased function and excessive emotions due to this disorder.
- Seasonal Affective Disorder (SAD): Millions suffer recurrent depression, generally associated with winter weather.
Workplace Discrimination Legal Protections
Mental disabilities, including psychological conditions, cognitive disabilities, emotional and mental illnesses, and mental conditions are all protected under the California Fair Employment and Housing Act. This law provides even broader protections than those afforded by the Federal Americans With Disabilities Act (ADA), and were designed to prevent discrimination based on an individual’s history of mental illness. Conditions limiting major life activities (as opposed to the ADA’s substantial limitation requirement) are eligible for consideration.
What Does the Law Require of Employers?
Essentially, employers must accommodate these conditions to a reasonable degree in the workplace. That means assisting the employee to perform the most crucial aspects of the job. Appropriate modifications in the workplace will depend on the mental condition being addressed, but might include:
- Reducing distractions by providing sound absorption panels;
- Providing full spectrum lighting or more natural lighting;
- Providing flexible scheduling;
- Providing memory aids or organizers;
- Allowing support animals on the premises;
- Providing a supportive mentor;
- References to Employee Assistance Programs or counseling;
- Reducing triggering stimuli;
- Providing disability awareness training for coworkers;
- Providing various forms of feedback.
Supervisors can accommodate employees by creating an inclusive culture that values all employees. Open communication, regular feedback, and clear written goals are always helpful. Additionally, developing strategies to deal with conflicts and emotions may be essential in creating a positive work environment.
If you are suffering workplace discrimination that has resulted in failure to obtain a job, failure to promote, or failure to maintain a job based on a diagnosed mental or emotional condition, the compassionate, yet aggressive Santa Rosa labor and employment legal team at Beck Law P.C., can help. Schedule a confidential consultation today.
BECK LAW P.C. – SANTA ROSA – PETALUMA – UKIAH – LAKE COUNTY