Employees, just like anyone else, can experience mental health challenges that affect their daily lives and work performance. However, despite progress in public understanding of mental health, discrimination based on mental health conditions still occurs in many workplaces.
What Constitutes Mental Health Discrimination?
Mental health discrimination in the workplace occurs when an employee is treated unfairly or unfavorably because of a mental health condition. This type of discrimination can manifest in various forms, including but not limited to:
- Harassment: Any unwelcome behavior, such as offensive remarks, jokes, or actions aimed at an individual due to their mental health condition.
- Unjust Employment Actions: Actions such as being denied a promotion, demoted, or even fired due to a mental health condition.
- Failure to Provide Reasonable Accommodations: Employers are required by law to provide reasonable accommodations to employees with disabilities, including mental health conditions unless doing so would cause undue hardship to the business.
Legal Protections Against Mental Health Discrimination
In Pennsylvania, employees are protected by several laws designed to prevent discrimination based on mental health conditions:
- Americans with Disabilities Act (ADA): The ADA prohibits discrimination against individuals with disabilities, including mental health conditions, in all areas of public life, including jobs. It requires employers to provide reasonable accommodations to qualified employees.
- Pennsylvania Human Relations Act (PHRA): This state law similarly prohibits employment discrimination based on disability, which encompasses mental health conditions.
- Family and Medical Leave Act (FMLA): While the FMLA does not specifically address discrimination, it allows eligible employees to take unpaid, job-protected leave for specified family and medical reasons, including serious mental health conditions.
Examples of Reasonable Accommodations
Employers are required to engage in an interactive process to determine appropriate accommodations for employees with mental health conditions. Some examples include:
- Modified work schedules to accommodate therapy appointments.
- Providing a quiet workspace to reduce stress and distraction.
- Allowing telecommuting or flexible work arrangements.
- Granting additional unpaid leave for mental health treatment.
Steps to Take if You Face Mental Health Discrimination
If you believe you are experiencing mental health discrimination in your workplace, it is crucial to take the following steps:
- Document Everything: Keep detailed records of incidents of discrimination, including dates, times, and witnesses, if any.
- Report the Issue Internally: Follow your company’s grievance procedure to report the discrimination to your human resources department or supervisor.
- File a Complaint with the EEOC or PHRC: If the issue is unresolved internally, you can file a complaint with the Equal Employment Opportunity Commission (EEOC) or the Pennsylvania Human Relations Commission (PHRC). These agencies investigate workplace discrimination claims and can act on your behalf.
- Seek Legal Counsel: Contact an experienced employment lawyer who handles discrimination cases. They can help you understand your rights and guide you through the process of seeking justice.
A Philadelphia Employment Discrimination Lawyer at The Gold Law Firm P.C. Helps You Protect Your Rights at Work
Understanding your rights and knowing the steps to take if you face discrimination can empower you to protect yourself and seek the help you need. If you or someone you know is experiencing mental health discrimination at work, it is essential to act promptly. Speak with a Philadelphia employment discrimination lawyer at The Gold Law Firm P.C. today. Contact us at 215-569-1999 or online to schedule your free consultation. With offices in Philadelphia and Pennsauken, New Jersey, we serve clients in South Jersey and Southeastern Pennsylvania, including Wilkes-Barre, Scranton, Northeast Philadelphia, Bucks County, Chester County, Delaware County, Lehigh County, Montgomery County, and Cherry Hill.
