Los Angeles Employment Lawyer

Mental Illness in the Workplace

There are a variety of federal and state laws that prohibit employment discrimination against individuals with physical and mental disabilities. The laws also require an employer to make reasonable accommodations for both kinds of disabilities. It has proven difficult to interpret and implement the law with regard to mental disabilities. The process of diagnosing a mental disorder or disability like depression or anxiety, specifying the related functional impairments, and suggesting accommodations is inherently more complex than providing wheelchair access.

The Americans with Disabilities Act prohibits discrimination against individuals with disabilities, defined as a physical or mental impairment that substantially limits one or more major life activities. The Act also protects individuals who may not currently have a disabling impairment but have a record of impairment or are regarded by the employer as having an impairment.

The United States Supreme Court held in 1999 that when determining whether an individual comes within the ADA statutory definition of disability, the extent of the limitation resulting from the person’s physical or mental impairment must be assessed in light of any mitigating measures, including medication. The Supreme Court’s ruling severely constricted the number of persons who could claim coverage under the federal statute.

Fortunately, the diagnosis of a psychiatric disorder is usually sufficient to establish coverage under the California Fair Employment and Housing Act. In almost all cases, the disorder can makes the achievement of a life activity "difficult."

As a result of the difficulties, it is very important that psychiatrists and psychologists that diagnose an individual with a mental disorder indicate the person’s specific functional impairment and not just describe mental disorders based upon the self-reporting of subjective distress.

Contact a Los Angeles Employment Lawyer

If you have been a victim of discrimination based on mental disability, contact Los Angeles discrimination lawyer Perry Smith at 1-800-356-2529 to discuss your case.