As a California employee, you have specific rights and protections to ensure that your mental health needs are respected and accommodated in the workplace. Understanding these rights can help you navigate your employment and advocate for yourself effectively.
The ADA is a federal law that applies to employers with 15 or more employees. It prohibits discrimination against individuals with disabilities, including mental health conditions. Under the ADA, employers are required to provide reasonable accommodations to employees with disabilities unless doing so would cause undue hardship.
Undue hardship refers to significant difficulty or expense imposed on an employer by accommodating an employee’s disability. This can include factors such as the cost of the accommodation, the employer’s overall financial resources, the size of the business, and the impact the accommodation would have on the operation of the business, including its effect on other employees’ ability to perform their duties and the overall workplace environment.
FEHA provides broader protections than the ADA and applies to employers with five or more employees. It prohibits discrimination based on physical and mental disabilities and mandates reasonable accommodations. FEHA also covers conditions related to pregnancy and childbirth, which can include mental health conditions.
Employers are required to engage in a good-faith interactive process to determine effective accommodations. This involves a dialogue between you and your employer to identify reasonable solutions. Examples include:
Your employer is required to keep any information about your mental health condition and accommodation requests confidential. This information should only be shared with individuals who need to know to implement the accommodation or for safety reasons.
It is illegal for employers to discriminate against you based on your mental health condition. This includes hiring, firing, promotions, job assignments, and other terms and conditions of employment.
Employers must also ensure a workplace free from harassment, such as any unwanted conduct related to your mental health condition that creates a hostile work environment.
If you request an accommodation, file a complaint about discrimination, or participate in an investigation related to your mental health rights, your employer cannot retaliate against you. Retaliation can be termination, demotion, harassment, or any other adverse employment action. If you are retaliated against due to a mental health condition, contact a workplace retaliation lawyer in LA.
