By Jenna Martinez, ATI Advocacy Intern
April 30, 2024
INTRODUCTION
Each May, Mental Health Awareness Month is celebrated to end the stigma surrounding mental illnesses and educate the world on resources to treat these disabilities. Mental illness is classified as a psychiatric disability under the ADA. The Americans with Disabilities Act, or the ADA protects people with disabilities from being discriminated against based on their disability. Having a history of psychiatric disability that substantially limits one or more major life activities is protected under the ADA.
Psychiatric disabilities include anxiety, depression, ADHD, bipolar disorder, and schizophrenia. According to the ADA National Network, people with these mental illnesses have 4 main protections:
- Everyone has the right to disclose, or not disclose their disability to their employer, except for when asking for an accommodation. You are legally protected so that the employer cannot accuse you of lying or hiding your disability.
- If you are asked to take a medical exam after accepting a job position, your psychiatric disability may appear on the results. In this case, the employer can only take away this job position if there is evidence that you cannot do the main roles of the job without accommodations and can’t receive reasonable accommodations, or if the disability poses a safety issue.
- Medical documentation about one’s disability does not have to be shared unless requesting a job accommodation and the employer asks for documentation. Regardless, this information can never be shared with any other employee.
- Federal contractor employers must invite potential and current employees to self-disclose their disability on their terms. This disclosure may only be used to track the progress of meeting disability employment goals and must be kept confidential.
Knowing this information and understanding legal protections can allow you to advocate for your rights while in the workplace and make sure everyone is given the tools needed for positive results. Remembering that you are in no way obligated to disclose your disability is important, as well as knowing that it is illegal for employers to ask at any stage of the hiring process if you have a disability. When requesting accommodations, a good tip is to keep the conversation positive and correlate the need for accommodations to the impact it will have on your job performance. Showing up prepared with necessary documents, accommodation ideas, and knowledge of your rights can all lead to a smooth hiring process for someone with a psychiatric disability.
Get Involved!
To learn more about mental illness and the rights you have in the workplace, visit:
- https://www.forbes.com/sites/paulamorgan/2021/04/27/employee-self-advocacy-how-to-talk-to-your-employer-about-your-disability/?sh=3ca228ac39d2
- https://askjan.org/index.cfm
To get a better understanding of how to request accommodations, check out this YouTube video:
We at ATI celebrate Mental Health Awareness Month to recognize the importance of good brain health and seeking support when needed. If you or someone you know needs help in navigating job accommodations or working with a disability, please reach out to ATI!
