What if my mental health condition could affect my job performance? (If you wish to discuss your condition with coworkers, you may choose to do so.)ģ. If you do talk about your condition, the employer cannot discriminate against you (see Question 5), and it must keep the information confidential, even from co-workers. You also may need to discuss your condition to establish eligibility for benefits under other laws, such as the FMLA. On the job, when there is objective evidence that you may be unable to do your job or that you may pose a safety risk because of your condition.When it is engaging in affirmative action for people with disabilities (such as an employer tracking the disability status of its applicant pool in order to assess its recruitment and hiring efforts, or a public sector employer considering whether special hiring rules may apply), in which case you may choose whether to respond.After it has made you a job offer, but before employment begins, as long as everyone entering the same job category is asked the same questions.When you ask for a reasonable accommodation (see Question 3).An employer is only allowed to ask medical questions (including questions about mental health) in four situations: In most situations, you can keep your condition private. Am I allowed to keep my condition private? Before an employer can reject you for a job based on your condition, it must have objective evidence that you can't perform your job duties, or that you would create a significant safety risk, even with a reasonable accommodation (see Question 3).Ģ. But an employer cannot rely on myths or stereotypes about your mental health condition when deciding whether you can perform a job or whether you pose a safety risk. This includes firing you, rejecting you for a job or promotion, or forcing you to take leave.Īn employer doesn't have to hire or keep people in jobs they can't perform, or employ people who pose a "direct threat" to safety (a significant risk of substantial harm to self or others). It is illegal for an employer to discriminate against you simply because you have a mental health condition. Is my employer allowed to fire me because I have a mental health condition?
You may also have additional rights under other laws not discussed here, such as the Family and Medical Leave Act (FMLA) and various medical insurance laws.ġ. The following questions and answers briefly explain these rights, which are provided by the Americans with Disabilities Act (ADA). If you have depression, post-traumatic stress disorder (PTSD), or another mental health condition, you are protected against discrimination and harassment at work because of your condition, you have workplace privacy rights, and you may have a legal right to get reasonable accommodations that can help you perform and keep your job.
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