Month: January 2023

All of us are well aware that it is an unfortunate reality that there is discrimination in the workplace. However, when it comes to discrimination, most people usually only think of discrimination based on one’s race, gender, sexual orientation, or religious affiliation. An often overlooked and serious form of discrimination in the workplace is mental health discrimination. If you have a mental health issue you may be in a situation where an employer is knowingly, or even unknowingly, discriminating against you. If you are suffering mental health discrimination you do not have to suffer in silence. Fortunately, under California and federal law, you are provided certain protections from mental health discrimination at work.

As a starting point, it is important to understand what mental health discrimination in the workplace looks like. This article will provide examples and cases to help you better understand how mental health discrimination is addressed in the California workplace.

What is Mental Health Discrimination at Work?

In some situations, mental health discrimination may be hard to identify. Part of the reason is that mental health issues are not always observable. Also, an employee may be afraid to disclose any mental health issues for fear of stigma and stereotypes, even if it is for the purpose of receiving reasonable accommodation.

Mental health discrimination at work is where an individual, with a diagnosable mental health condition, is treated less favorably than other employees because of this disability. This discrimination can be either direct or indirect, intentional or unintentional. Mental health discrimination can come in various forms such as failure to provide a reasonable accommodation, failure to provide equal opportunities, and even harassment or victimization.

California and federal law provide legal rights to prevent illegal workplace treatment against employees diagnosed with a mental health condition.

Examples of Mental Health Discrimination at Work

To help better understand mental health discrimination, here are some examples that highlight how this type of medical condition discrimination looks in the workplace.

Direct Mental Health Discrimination

The most obvious examples of mental health discrimination are usually direct. Direct mental health discrimination can be seen when an employer (or supervisor) treats an employee less favorably than others because of their mental health condition. For instance, an employee may be a top performer, but they suffer from severe anxiety or bipolar disorder. If an employer refuses to give this employee an opportunity for a promotion while others with similar qualifications have, this may be a form of mental health discrimination. In this example, it would also be considered mental health discrimination if the employee was denied the same promotion because their spouse or partner suffered from a mental health condition.

Indirect Mental Health Discrimination

This type of discrimination typically occurs through a workplace practice or policy that is for all employees yet results in a significant disadvantage to an individual or group of individuals with a mental health condition. For instance, an employee may have a mental health condition that requires them to take an evening medication that causes drowsiness. Requiring all employees to have rotational shifts in which, during certain weeks, employees are required to work the late or overnight shift may be an example of indirect mental health discrimination.

Discrimination Arising from Disability

A third form of discrimination occurs when discrimination arises from a disability. This most often occurs when an individual is disciplined for their behavior that was caused by their disability. For instance, an individual may have a diagnosable mental health condition that has caused them to be absent from work. Discrimination because of their absence would not be direct or indirect but arising from their disability.

Mental Health Discrimination Cases & Real-Life Examples

There have been several cases that have addressed mental health discrimination at work. Here are some cases to show how mental health discrimination in the workplace is addressed:

1. Termination of an employee diagnosed with severe depression – An employee with severe depression requested and was approved time off to recover and heal. The employee’s request was based on his doctor’s recommendation. When the employee returned to work, he was fired with an explanation that he could not be trusted to perform his job. The employer ended up paying $250,000 and agreed to implement policies, train executives, and distribute material pertaining to requirements for treating employees with disabilities.
2. Harassment of employees with post-traumatic stress disorder (PTSD) – An employee with PTSD was forced to quit his job to avoid ongoing abuse and harassment regarding his mental health condition. The supervisor referred to the employee as a “psycho” and consistently mocked his therapy sessions for PTSD. The employer paid $75,000, received an injunction against future discrimination based on one’s disability, and was required to provide a letter of apology and recommendation for the employee.
3. Termination after requesting extended leave – An employee was terminated despite making a request for extended leave due to a collapse on the job resulting from stress and anxiety. The employer paid $140,000 and agreed to train their human resources and supervisory employees on the requirements of the Americans with Disabilities Act (ADA).
4. An employee with psychiatric disability cleared for work – An employee diagnosed with a psychiatric disability was hospitalized. The employee was terminated from their job after being medically cleared to work. The termination, in part, was also alleged to be due to the employee’s need to take future leave for medical appointments. The employer paid $125,000 and agreed to implement an ADA reasonable accommodation policy, provide training, and submit periodic reports to the Equal Employment Opportunity Commission (EEOC).
5. Employee Termination Related to Medication – An employee with attention deficit hyperactivity disorder (ADHD) took medication for this diagnosis under the prescription of a healthcare provider. A manager instructed the employee to stop taking the medication and take a drug test. Before any test results were received the employee was discharged. The employer paid $100,000, agreed to conduct training, provide regular reports to the EEOC, and publicly post a notice that confirms their obligations under the ADA.

Remember, it is important to file your claim before the expiration of the statute of limitations. You have 3 years from the date of discrimination to file an administrative complaint with the California Civil Rights Agency (formerly called the Department of Fair Employment & Housing). Generally, with the EEOC, you have 180 days from the date of discrimination to file a claim.

Conclusion

As you can see, mental health discrimination can come in a variety of ways. If you believe you are suffering mental health discrimination at the workplace, do not let it continue without addressing it. Even if you are unsure if you are being discriminated against because of your mental health condition, it is highly recommended that you seek the opinion of an experienced California employment lawyer. They will be able to assist in evaluating your situation and determining your best course of action.

People often ask an attorney about how to prove disability discrimination at work, as often the discriminatory practice isn’t always obvious. A person looking in might not realize what is normal and what is not standard practice at your particular workplace. Sometimes a person may wonder if they really have been a victim of discrimination in the first place, or if the conduct of their employer is, or qualifies as, discrimination in the workplace.

While the misconduct may sometimes be subtle, or whether it’s hard to miss,  the discrimination usually involves at least one of the varieties of discriminatory conduct detailed below. Each of them is helpful to remember if you are thinking about how to prove discrimination based on disability at your office or another workplace.

6 Ways to Prove Disability Discrimination at Work

A  quick way to know how to prove disability discrimination and/or determine if you were the victim of  disability discrimination at work is to remember the mnemonic, STAMPED, which stands for:

Similarly situated employees receive better 

Treatment. As a result of requesting an

Accommodation or

Mentioning an adverse action you were not

Promoted by your 

Employer because you have a 

Disability

Each of the first five letters is one of the many ways an employer may have acted towards you that demonstrate disability discrimination in the workplace.. The last letter in STAMPED is a requirement that must be met for any of the five ways to be valid.

1. Similarly Situated Employees

The first way is when your co-worker, who holds the same or similar position as yours (is similarly situated) is treated differently, usually better because they do not have a disability. This type of behavior isn’t always obvious. An example would be when nobody seems to mind when your co-worker takes an hour and ½ for lunch when you are both allowed an hour, but if you exceed the hour, your boss writes you up.

2. Receiving Poor Treatment

While the above way to prove disability discrimination at work requires a comparison between how you and another employee are treated, sometimes you are alone in your position without anyone who you can use to compare the actions of your employer with. You don’t always need that other person to prove poor treatment. Sometimes the poor treatment constituting discrimination is overt. Perhaps your employer loudly complains to other workers that you’re lucky you have your job after having exhausted all your available sick days. You shouldn’t be called out for using the same amount or more sick time than another, just because the basis for you using your sick days is that a disability-related condition is making you unable to work that day.

3. You Ask for an Accommodation

As you might be aware, disabled persons can request reasonable accommodations to help them perform the essential functions of the job. Maybe you’re a diabetic and need to snack often to keep your blood sugar stable when generally, employees are not permitted to eat outside of break or lunch. You ask if your break time can be divided into three (3) of five (5) minute long segments, instead of one (1) fifteen (15) minute break. There is no basis as to why this isn’t possible, as not everyone takes breaks at the same time, and as long as they add up to the same duration. The segmented breaks would not result in a decrease in your productivity but your employer simply refuses to allow you to take the shorter, more frequent, breaks.

When there is no valid reason why your request for accommodation was allowed, also may be a way to prove discrimination based on disability.

4. You Mention an Adverse Action

Continuing with the situation described in the last item, as a result of being denied the more frequent but shorter breaks, you emailed management to discuss the unfairness of the situation and to again request the accommodation. Your direct supervisor, the one that denied the accommodation in the first place was at the meeting.  Two days later, after never having received a disciplinary report due to work performance, you receive a write-up that you are falling behind on certain assignments. However, you always turn in your assignments by the date they are due, and you never turn them in late. Based on this hypothetical situation, you may be able to prove disability discrimination. 

5. Have You Been Denied a Promotion You Deserved? That Might Help You In Proving Disability Discrimination

Let us imagine you applied for a promotion to become a supervisor at your job. The company hired someone else, but when you chatted with the new supervisor about their past work experience working retail, it seems all their past jobs have been in an office setting. It doesn’t make sense that the company chose them over you to fill the position due to your superior qualifications. This situation may show how you were treated differently than the person they hired, proving disability discrimination. This as well applies to a person with superior qualifications that weren’t hired due to disability. 

6. Your Employer Must Know you are Disabled or be Regarded as Disabled

The last item on the list is a precondition for all the ways how to prove disability discrimination listed above.  This one is simple: you must be certain your employer is aware you are disabled, or they must believe you are, in order for the negative treatment or action to be based upon a disability. 

While helpful, the above list may omit certain, less common ways a person might be discriminated against at work. An attorney can help you determine how to prove disability discrimination and what are the next steps to take to stop this type of treatment.

So, if you feel that you’re a victim of disability discrimination, don’t hesitate to book a free consultation with our employment lawyers in California.