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.
Legal Protections Under Federal and State Law
Americans with Disabilities Act (ADA)
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.
California Fair Employment and Housing Act (FEHA)
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.
The Right to Reasonable Accommodations
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:
- Flexible Work Schedules: Adjusting your work hours to attend therapy sessions or manage symptoms.
- Remote Work: Allowing you to work from home if it helps in managing your condition.
- Modified Job Duties: Altering certain job responsibilities to reduce stress or avoid triggers.
- Leave of Absence: Providing extended leave for treatment or recovery.
- Physical Adjustments: Creating a quieter workspace or providing noise-canceling headphones.
The Right to Confidentiality
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.
Protection from Discrimination and Harassment
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.
Retaliation Protection
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.
Steps to Take if Your Employee Rights Are Violated
- Document Everything: Keep detailed records of your accommodation requests, communications with your employer, and any incidents of discrimination or harassment.
- File a Complaint: If your rights are violated, you can file a complaint with the California Civil Rights Department (CRD) or the Equal Employment Opportunity Commission (EEOC).
- Seek Legal Advice: Consult a Los Angeles disability discrimination lawyer. They can provide guidance, represent you in legal proceedings, and help you seek compensation or other remedies.