Can I Sue for Mental Illness Caused by Work?

Can I Sue for Mental Illness Caused by Work?

May is recognized as Mental Health Awareness Month, a tradition dating back to 1949, established by the Mental Health America organization. The annual observance educates the public about mental illness, raises awareness, reduces stigma and celebrates recovery. It’s crucial to acknowledge mental health in one’s overall well-being, and especially that which stems from the workplace. The persistence of this month highlights an ongoing societal challenge, needing continuous education and advocacy to combat stigma and discrimination in the workplace. 

Nearly one in five US adults lives with a mental health condition, including conditions like anxiety, major depression and PTSD, according to Brown University Health. While challenging, a mental illness doesn’t prevent a fulfilling career. Institutions such as John Hopkins advocate for “meaningful action” beyond awareness, emphasizing that knowledge needs concrete steps by employees and employers. This article aims to empower workers by informing them of their legal rights, particularly ADA protections, as a first step to safeguarding well-being when facing mental health challenges.

Your Rights Under the Law: The ADA and Mental Health Conditions 

The Americans with Disabilities Act (ADA) is critical federal legislation protecting workers with qualifying mental health conditions, prohibiting workplace discrimination and ensuring equal employment opportunities.

Defining Mental Illness as a “Disability” Under ADA Protections 

The ADA defines a ‘disability’ as a physical or mental impairment substantially limiting one or more major life activities. The ADA Amendments Act of 2008 (ADAA) broadened this, extending protections against disability discrimination to more individuals with psychiatric disabilities. “Mental illness” and “psychiatric disability” are often used interchangeably for conditions affecting mental health. Major life activities limited by mental illness include concentrating, thinking, interacting, communicating, sleeping, and regulating emotions. Conditions like major depressive disorder, PTSD, anxiety disorders, and bipolar disorder can qualify under the ADA if they substantially limit such activities. “Substantially limits” is interpreted broadly.

Protection from Workplace Discrimination

The ADA prohibits mental health discrimination in all employment aspects: recruitment, hiring, assignments, pay, promotions, training, benefits, and termination. Protections apply to “qualified individuals” who can perform essential job functions, with or without reasonable accommodation. ADA protections cover current disabilities, records of impairment, or being regarded as having an impairment. The “regarded as” provision is key for mental illness due to stigma. Employer decisions must be based on ability, not stereotypes about a mental health condition.

Speaking Up (Or Not): Disclosing Your Mental Health Condition at Work

Disclosing a mental health condition at work is a personal choice with legal implications. Generally, disclosure isn’t required unless requesting an accommodation. 

Employer inquiries are limited: 

• Pre-job offer: Cannot ask about a disability, only the ability to perform job functions. 

• Post- job offer: Medical exams are allowed, if standard for all new similar hires. Offers can be rescinded only if the person cannot perform essential functions with an accommodation or poses a ‘direct threat.’ 

• On the job: Cannot ask about psychiatric disability unless for an accommodation request, or if the objective evidence shows impaired job performance or a direct safety threat. 

If disclosing, focus on work impact and needed accommodations, not extensive medical details unless relevant. Disclosure is typically to HR or a supervisor. It is often advisable to request accommodation before job performance significantly deteriorates. Medical information shared must be kept confidential by the employer. 

Getting Support: Your Right to Reasonable Accommodations

Employees with a qualifying mental illness, such as anxiety, PTSD, or depression, have a legal right under the ADA to “reasonable accommodations,” unless providing such an accommodation would cause an “undue hardship” for the employer. An accommodation is any change to the work environment or job duties that enables an individual with a disability to perform essential job functions and enjoy equal employment opportunities.
The “interactive process” is a collaborative dialogue between the employee and employer, usually initiated by the employee’s request, ideally in writing. Employers may request reasonable medical documentation. Accommodations are individualized. Examples of ‘reasonable accommodations’ are as follows: 

• Related to scheduled leave, examples would be a modified work schedule, new part-time hours, additional unpaid leave, or flexible scheduling for therapy. 

• Related to work environment, examples would be a quieter workplace, providing noise-cancelling headphones, white noise machines, and more. 

• Related to support, examples include permission for a psychiatric service animal or emotional support animal, or access to a job coach or support individual.

Employer Don’ts: Actions Prohibited Under the Law

Employers are legally prohibited from engaging in mental health discrimination and from retaliating against employees who assert their rights under the ADA. Understanding these prohibitions is crucial for recognizing unlawful treatment in the context of workplace mental health. 

Key prohibitions include:

Discrimination: Employers cannot discriminate against qualified individuals with disabilities in any aspect of employment, including hiring, firing, pay, promotions, job assignments, training, or benefits, because of their mental health condition.
Harassment: Creating or permitting a hostile work environment based on an employee’s mental illness is a form of disability discrimination. 

Retaliation: It is illegal for an employer to retaliate against an employee for opposing discriminatory practices, filing a charge of workplace discrimination, testifying, or participating in any way in an investigation, proceeding, or litigation under the ADA. 

Improper Medical Inquiries and Exams: As previously discussed, employers are strictly limited when they can ask disability-related questions or require medical examinations. 

Failure to Provide Reasonable Accommodation: Refusing to provide necessary reasonable accommodation for a known disability is a form of discrimination, unless doing so would cause undue hardship for the employer. 

Stereotyping: Employers cannot make employment decisions based on myths, fears, or stereotypes about mental illness. Decisions must be based on objective evidence regarding an employee’s ability to perform essential job functions or whether they pose a “direct threat”—a significant risk of substantial harm to self or others—even with an accommodation. The “direct threat” standard is a high bar, requiring individualized assessment based on reasonable medical judgment and objective evidence, not on generalizations or speculation. 

When Work Worsens Your Mental Health: Can You Sue?

A common question is whether an employee can sue an employer if work conditions cause or worsen a mental illness. The ADA itself does not generally provide a basis to sue an employer solely because workplace stressors caused a mental health condition. However, the situation changes if these stressors lead to or aggravate a condition to the point where it qualifies as a disability under the ADA. If this occurs, the employee is then entitled to all ADA protections, including the right to be free from disability discrimination and the right to reasonable accommodations. The ADA’s focus is primarily on how the employer responds to the disability, irrespective of its origin. 

It is important to acknowledge the significant impact of workplace stressors. Factors such as long hours, excessive workloads, job insecurity, and toxic work environments can contribute to or exacerbate conditions like anxiety, depression, and burnout. The U.S. Surgeon General’s Framework for Workplace Mental Health and Well-Being further outlines employer responsibilities in fostering psychologically safe environments and mitigating harm from such workplace stressors. While the ADA does not mandate a “stress-free” workplace, an employer’s failure to address severe stressors that contribute to or worsen a disability can become relevant if the employer subsequently discriminates against the employee because of that disability or fails to accommodate it.

A legal claim under the ADA might arise if workplace stressors lead to or aggravate a mental health condition that meets the ADA’s definition of disability, and the employer then: 

• Takes adverse action against the employee because of the condition. 

• Fails to provide a reasonable accommodation. 

• Subjects the employee to harassment based on their mental illness. 

• Retaliates against the employee for requesting an accommodation or asserting their ADA rights. 

Navigating these situations is complex. Mental health discrimination lawyers possess the expertise to evaluate whether a mental health condition qualifies as a disability under the ADA, determine if illegal workplace discrimination or a failure to accommodate has occurred, and guide individuals through necessary legal processes. Some state laws, such as California’s workers compensated system, may offer avenues for compensation for psychiatric injuries directly caused by work. 

Taking Action and Finding Support: Your Path Forward

If an employee believes their rights concerning their mental health have been violated, there are concrete steps they can take. Expert legal assistance from mental health discrimination lawyers can be invaluable. 

Key actions include:

Document Everything: Meticulous record-keeping is crucial (dates, times, individuals, specifics of incidents, communications, evaluations, adverse actions). 

Internal Complaint Procedures: Consider using employer internal systems if safe. 

Filing a Charge with the EEOC: Generally required before an ADA lawsuit. File with the U.S. Equal Employment Opportunity Commission (EEOC) or a state Fair Employment Practice Agency (FEPA) within strict time limits (often 180-300 days from the discriminatory act). Prompt legal consultation is advised. 

The attorneys here at Filippatos PLLC are experienced discrimination lawyers in New York, committed to fighting for employee rights, offering compassionate and fierce advocacy. 
In addition to legal support, organizations like the National Alliance on Mental Illness (NAMI), Job Accommodation Network (JAN), Mental Health America (MHA), and the ADA National Network offer valuable resources. 

Championing Mental Well-being in Every Workplace

Mental Health Awareness Month serves as an important reminder of the ongoing need to prioritize workplace mental health. Knowledge is a powerful tool. Understanding legal rights concerning mental illness, including conditions like anxiety, PTSD, and depression, is the first step toward ensuring fair treatment and accessing necessary support.

Federal laws, primarily the ADA, provide significant ADA protections, including the right to be free from mental health discrimination and the right to reasonable accommodations. Employees are encouraged to be proactive. The ultimate aim is to foster workplace cultures where mental health is genuinely valued, reducing workplace discrimination.
At Filippatos PLLC, the belief is that all individuals are entitled to fair pay and a workplace free from discrimination and harassment. The firm is committed to stand by your side, advocating for your rights and making sure your voice is heard! 

Call Us

We at Filippatos PLLC stand in proud solidarity with every individual. We believe that all people deserve the right to exist freely, no matter where they come from. If you are experiencing discrimination at work due to your mental health scenario, please give us a call at 888-9-JOBLAW for a free consultation. We will do our utmost to help secure you the justice you deserve.