Individuals with a mental health condition are not alone. Almost 20% of adults in the US will face a mental illness at some point in their lives. Even though society is increasingly accepting of mental health conditions, some workplaces may still carry a stigma. Many people might feel uncomfortable discussing their mental health condition with their supervisor. Still, having this conversation can be helpful, particularly if the condition affects your job performance.
Know your rights about mental health and the workplace.
Before talking to your supervisor, it is important to understand your employee rights. The U.S. Equal Employment Opportunity Commission (EEOC), states that individuals with a mental health condition are protected against discrimination and harassment. To receive protection under the Americans with Disabilities Act (ADA), you need to inform your employer about your mental health condition, but they are required to keep the information confidential. There are a few considerations to bear in mind should you have this conversation.
Your employer is prohibited from discriminating against you due to your mental health condition, which includes termination, job or promotion rejection, or forcing you to take leave.
You may keep your condition private, but your employer is allowed to inquire about your mental health in only four scenarios:
When you request reasonable accommodation.
After a job offer is made but before employment begins, if all candidates for the same positions are asked the same questions.
When it is engaging in affirmative action for people with disabilities, in which case you may choose whether to respond.
If there is objective evidence at work suggesting you may be unable to perform your job or may pose a safety risk due to your condition.
You may be legally entitled to reasonable accommodation to assist you in performing your job, such as a modified schedule, a quiet work environment, specific tasks, etc. You may ask for reasonable accommodation at any time, and if it aids in your job performance, your employer must provide it unless it causes significant difficulty or expense.
Under the ADA, harassment based on your disability is prohibited. If you are harassed, follow your workplace reporting procedures. Once reported, your employer is legally obligated to act to prevent harassment.
If you feel that your rights have been violated, The Equal Employment Opportunity Commission (EEOC) can help by investigating if you file a discrimination charge. Your employer cannot legally retaliate against you for contacting the EEOC or filing a charge.
On average, employed US adults spend 8.8 hours a day at work, which exceeds the time typically spent sleeping. With Millennials (35%) and Generation Z (5%) comprising 40% of the U.S. workforce, it is crucial for employers to adjust and create work environment that supports mental health.
We can help.
The Center for Living and Learning offers 24-hour residential care and a vocational rehabilitation program for individuals requiring mental health treatment. This program equips individuals to work independently within the community. Additionally, the Center's Vocational Program is a certified Community Rehabilitation Provider in collaboration with the Vocational Rehabilitation Program at the Tennessee Department of Human Services.
Комментарии