A significant number of Californians live with mental health conditions that can affect their work life. Conditions like anxiety, depression, and post-traumatic stress disorder (PTSD) can make daily tasks harder, but that doesn’t mean you have to choose between your health and your job. State and federal laws protect workers with mental health disabilities and give them the right to request reasonable accommodations.
Unfortunately, some employers ignore these laws and treat employees unfairly when they ask for help. Knowing your rights can make it easier to protect yourself and continue working in a healthy environment. A disability discrimination lawyer can provide guidance tailored to your situation.
Your Rights Under California and Federal Law
Two main laws protect workers who need accommodations for mental health conditions. The Americans with Disabilities Act (ADA) is a federal law that applies nationwide, and the California Fair Employment and Housing Act (FEHA) offers even broader protections at the state level. Both make it illegal for an employer to discriminate against an employee because of a disability.
If you’re covered under these laws, your employer has a duty to discuss potential accommodations and work with you to find a reasonable solution. They cannot punish you for requesting one.
Common Types of Accommodations
The right accommodation will ultimately depend on your job duties and your unique needs. Often, simple adjustments can make a big difference. For example, some employees benefit from flexible scheduling and shorter workdays. Others may need things like a quieter workspace and time off for therapy appointments.
Employers are only allowed to deny a request if it would cause significant hardship, such as a major disruption to the business. In most cases, accommodations for mental health conditions are practical and affordable.
How To Ask for an Accommodation
If you think you need an adjustment at work, the first step is to tell your employer. You don’t need to give every detail about your condition, but you should explain that you have a medical issue that affects your job and that you’re requesting support. A note from your doctor or therapist can help clarify what you need.
Once your request is made, your employer must respond and engage in what’s known as the “interactive process.” This means having an open conversation about possible changes that could help you continue doing your job effectively. Refusing to discuss your request, for instance, or retaliating against you is a violation of the law.
What To Do if Your Employer Refuses
If your employer denies your request, you may be able to take legal action. You could have the right to file a complaint with the California Civil Rights Department (CRD) and the Equal Employment Opportunity Commission (EEOC). If the issue isn’t resolved, you may then have the option to pursue a lawsuit.
A successful claim may allow you to recover lost income, emotional distress damages, and other financial relief. Speaking with an experienced employment lawyer can help you understand your options and protect your rights.
Contact Fairchild Employment Law for a Free Initial Consultation
California law recognizes that mental health is an essential part of a person’s overall well-being. You deserve a workplace that respects your needs and supports your ability to do your job. If your employer refuses to provide accommodations or treats you unfairly after you ask for one, an attorney can help you hold them accountable and work toward a fair outcome.
Schedule a free consultation with Fairchild Employment Law today at (619) 306-1454. We can walk you through your legal rights and help you take action from there as appropriate.