Depression, PTSD, & Other Mental Health Conditions in the Workplace: Your Legal Rights (2024)

FAQs

How do you accommodate an employee with PTSD? ›

Examples of these adjustments could be: Allowing the employee to sit where they feel most comfortable. Designating a quiet spot where the employee can work away from a noisy office. Putting measures in place to help the employee manage any panic attacks at work.

Some may be signed off from work long term, while others will want to keep working and retain a sense of 'normality'. In these events, it is key that you or your HR team sit down with the individual and discuss ways to help them in their work.

The Americans with Disabilities Act (ADA) prohibits discrimination against individuals with disabilities, including those with PTSD. It requires employers to provide reasonable accommodations to enable employees to perform their job duties effectively.

Depression, along with post-traumatic stress disorder (PTSD) and other mental health conditions, is covered by the Americans with Disabilities Act (ADA). The ADA has been in place since 1992 and is meant to protect people with disabilities from being discriminated against by employers.

Yes, you can file an employment lawsuit for mental anguish. You can only sue for mental anguish if your employer's illegal activities caused the mental anguish. For example, if your employer fired you for complaining about wage theft, you can file a lawsuit requesting compensation for your mental anguish.

Unconsciousness. The dissociation symptom of PTSD has also been used successfully to argue in favor of the defendant's unconsciousness during a criminal act. If it can be demonstrated that a defendant was not conscious of his surroundings when he committed a criminal act, that is, in itself, grounds for acquittal.

Guidance from the Equal Employment Opportunity Commission³ (EEOC) provides examples of diagnoses that may be recognized as mental disabilities under the ADA: “major depression, bipolar disorder, anxiety disorders…, schizophrenia, and personality disorders.” It is important to note that not all diagnosed conditions are ...

Yes, you can sue your employer for emotional distress if you can prove that their actions or negligence caused severe emotional harm. Emotional distress damages and workplace stress usually constitute mental distress or mental health issues caused by workplace stress.

An employer cannot discriminate against a potential employee or current employee solely based on the diagnosis of a mental health condition.

Can you lose your job because of a medical condition? ›

The California Fair Employment and Housing Act (FEHA) makes it illegal for your employer to discriminate against you due to a medical condition or perceived medical condition.

PTSD is also covered under the ADA. This means it is considered a disability, and people cannot be discriminated against due to the condition. If a person has PTSD and it is interfering with their day-to-day life, they can contact the SSA to file a claim for disability benefits.

(Q) My spouse is a veteran who is suffering from post-traumatic stress disorder (PTSD) since his honorable service discharge last year. May I use FMLA leave for his care? Yes.

Examples of such accommodations include: Flexible scheduling to allow time for counseling and appointments. Allowing calls to medical providers during work hours. More frequent breaks and backup coverage as needed.

So, if you´re a veteran with a hidden disability like PTSD, you can decide whether to reveal the disability and request accommodations. If you don´t need accommodations, you don´t have to disclose the disability. Employers with fifteen or more employees must comply with these provisions.

According to the U.S. Equal Employment Opportunity Commission, the law protects employees suffering from depression, PTSD, and other mental health disorders from workplace discrimination and harassment due to their condition.

PTSD is also covered under the ADA. This means it is considered a disability, and people cannot be discriminated against due to the condition. If a person has PTSD and it is interfering with their day-to-day life, they can contact the SSA to file a claim for disability benefits.