Los Angeles Employment Lawyer

The ADA and Mental Illness

The Americans with Disabilities Act makes it illegal for employers to unfairly discriminate against people with any kind of disability and requires them to provide reasonable accommodations for employees who need them. While many people understand this law in terms of physical disabilities such as mobility impairment, the law also protects individuals with mental or emotional difficulties. California’s own Fair Employment and Housing Act contains further protections.

Who is Eligible?

The federal ADA and state FEHA contain define disability in different ways, which can create complicated legal situations. According to the ADA, a person only has a mental disability if his or her problem substantially impairs a major life activity. For example, if Joe’s depression is effectively treated with medication, he may not meet ADA eligibility standards. Additionally if Anna’s depression is untreated, but also is not severe enough to interfere with her job, she may not qualify either.

In contrast, FEHA considers any impairment of any life activity to be a kind of disability. The two examples given above may very well qualify as disabled under our state’s laws. This would make Joe and Anna eligible for legal protection against workplace discrimination.

Protected Rights

It is only right for employers to provide reasonable accommodations for employees suffering from mental disorders. Unfortunately, it is not always easy to define reasonable. For example, an employee who is unable to perform his or her job, or who is proven to be a threat to co-workers, may legally be terminated from his or her job.

Barring these two exceptions, employers are expected to hire qualified employees regardless of psychological diagnoses. They are also expected to make a good faith effort to accommodate employees who develop emotional difficulties, rather than simply letting them go. For example, an employee who needs time off for treatment of a mental problem should ideally receive it.

Contact a Los Angeles Employment Lawyer

If you or a loved one has been the victim of unfair workplace practices, contact Los Angeles employment lawyer Perry Smith at 1-800-356-2529.