Can Work Discriminate Against Mental Health Issues?

By Eugene Bruno on April 5, 2025

Mental health is an increasingly important topic in today’s workplace. Employees face a range of challenges that can affect their emotional and psychological well-being, and as society continues to recognize the significance of mental health, more attention is being given to how these conditions impact the workforce. Unfortunately, despite such advancements, mental health discrimination in the workplace remains a pervasive issue.

Understanding Mental Health Discrimination in the Workplace

What Is Mental Health Discrimination?

Mental health discrimination in the workplace occurs when an employer treats an employee unfairly because of their mental health condition. This can manifest in a variety of ways, such as denying promotions, firing an employee, or subjecting them to harassment due to their mental health status.

Mental health conditions such as anxiety, depression, post-traumatic stress disorder (PTSD), or bipolar disorder may be misunderstood or stigmatized, leading to unfair treatment. For instance, an employer might assume an employee with anxiety cannot handle stressful tasks, or someone with depression may be seen as unmotivated or lazy. These stereotypes can influence hiring, promotion, and disciplinary decisions, even though these assumptions are often unfounded.

Why Mental Health Matters in the Workplace

Mental health plays a crucial role in an employee’s productivity, job satisfaction, and overall well-being. Employees with untreated mental health conditions may experience difficulties in focusing, decision-making, or maintaining relationships with colleagues. On the other hand, those with adequate support and treatment are often more resilient, productive, and engaged at work.

Common workplace mental health issues, including burnout, stress, and depression, can lead to absenteeism, reduced performance, and even long-term disability if not addressed. Therefore, promoting mental health in the workplace benefits not only the individual employee but also the entire organization.

Legal Protections Against Mental Health Discrimination

The Americans With Disabilities Act (ADA)

One key legal protection for employees with mental health conditions in the United States is the Americans with Disabilities Act (ADA). The ADA prohibits discrimination against individuals with disabilities—including those with mental health conditions—in all areas of public life, including the workplace.

Under the ADA, a mental health condition qualifies as a disability if it substantially limits one or more major life activities, such as concentrating, thinking, or interacting with others.

Employers are required to provide reasonable accommodations to employees with mental health conditions as long as the accommodation does not cause undue hardship to the employer. Examples of reasonable accommodations might include flexible work hours, additional breaks, or a quieter workspace.

The Rehabilitation Act of 1973

In addition to the ADA, The Rehabilitation Act of 1973 offers protections for federal employees and those working in federally funded programs. This act prohibits discrimination based on disability, including mental health conditions. It also requires employers to provide reasonable accommodations.

State-Specific Protections

In some states (such as California), additional protections exist for employees with mental health conditions. For example, California’s Fair Employment and Housing Act (FEHA) offers robust protections against mental health discrimination, including a broader definition of disability and stronger accommodation requirements. However, the legal standards can vary by state, so it’s important to familiarize yourself with the specific laws in the state of employment.

Can an Employer Legally Discriminate Against Employees With Mental Health Conditions?

Discrimination vs. Reasonable Accommodation

It’s important to differentiate between illegal discrimination and an employer’s ability to make reasonable accommodations. Discrimination occurs when an employer takes adverse action against an employee solely because of their mental health condition, such as firing or failing to promote them without considering possible accommodations.

On the other hand, employers are not required to hire or retain an employee if the mental health condition significantly impairs their ability to perform essential job duties. However, the employer must have concrete evidence that the individual cannot perform their job and the employer cannot provide reasonable accommodations to help the employee.

When Can Mental Health Be Used as a Reason for Discrimination?

In some cases, mental health conditions might be a legitimate reason for an employment decision, but only if the condition significantly impairs the employee’s ability to perform essential job functions. For example, if an employee with a severe anxiety disorder is unable to handle the responsibilities of a high-pressure job, the employer might have grounds for making decisions based on that condition. However, this decision must be supported by evidence, and it should not be based on assumptions or stereotypes about mental health.

Cases of Mental Health Discrimination in the Workplace

Consider a hypothetical case where an employee with PTSD is consistently overlooked for a promotion despite strong performance. If the employer’s decision is based on the employee’s mental health condition rather than their qualifications or work performance, it could be considered discriminatory. Legal action may be taken, and the employee may be entitled to compensation or reinstatement.

How to Protect Yourself From Mental Health Discrimination at Work

Know Your Rights

The first step in protecting yourself from mental health discrimination is to know your rights. Familiarize yourself with relevant laws, including the ADA and any state-specific protections. Determine whether your mental health condition qualifies for protection under these laws.

Maintain Open Communication With Employers

If you feel comfortable, consider having an open and honest conversation with your employer about your mental health condition. If you require accommodations to perform your job effectively, communicate these needs clearly and request them in writing. Documentation is critical, so keep records of any accommodations that have been requested or denied, as well as any interactions related to your condition.

Seek Legal Assistance

If you believe you are being discriminated against due to your mental health, seek legal assistance from an employment lawyer who specializes in discrimination cases. An attorney can help you navigate the legal process, file complaints with the Equal Employment Opportunity Commission (EEOC), and protect your rights.

Is Mental Health Discrimination at Work Legal?

In summary, while discrimination against employees with mental health conditions is illegal, there are situations where an employer may make decisions based on the inability of an employee to perform essential job functions due to their mental health. However, the employer must have concrete evidence and cannot make decisions based solely on stereotypes. Ask a lawyer if you’re unsure whether your rights have been violated.

Contact Eugene Bruno & Associates if You Need Representation

If you believe you’ve been discriminated against due to a mental health condition at work, don’t hesitate to take action. Eugene Bruno & Associates today at 1-888-BRUNO-88 (1-888-278-6688) to speak with one of our experienced employment attorneys about your case and how to protect your rights.

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