By law, your employer cannot discriminate against you based on a heath condition – and that includes mental health conditions such as depression. The Americans with Disabilities Act outlaws workplace discrimination based on disabilities, real or perceived, including psychological conditions like depression.
Most employers are covered by the law, with the exception of some small companies that have fewer than 15 employees. The ADA requires covered employers to make reasonable accommodations for workers with disabilities like depression and other mental health issues. They cannot show bias when it comes to hiring, firing, promotions, pay, benefits or other conditions of employment.
Do you believe that an employer has treated you unfairly because you have depression or another disabling psychological condition? Discuss your situation with the workplace discrimination attorneys at Cohen & Jaffe, LLP, now. We are ready to answer your questions, including whether you qualify as disabled, whether your employer provided reasonable accommodations and if what you experienced is considered discrimination under the law.
If you have a valid claim, we can help you file a claim with the proper agencies and make sure deadlines are met. If your rights have been violated, we are here to see they are restored and that you receive the maximum compensation you deserve under the law.
Contact us for a free consultation now.
Our society has come a long way in recent decades when it comes to reducing the stigma that is wrongfully attached to depression and other mental illnesses. Unfortunately, some employers still discriminate against workers based on psychological conditions.
The law says that this type of discrimination is wrong. The ADA holds that employers cannot discriminate against workers based on a mental illness like depression – or based on the misperception that a worker has a psychological condition. This applies both to current conditions you have, as well as if you have a history of mental illness.
The law requires employers to make “reasonable accommodations” for employees with disabilities, including depression and other psychological disorders. What might a “reasonable accommodation” include for someone with depression? Here are some examples:
Allowing time off for doctor’s appointments and counseling sessions.
A modified work schedule.
Permitting phone calls with counselors, doctors, family, friends and others in your support group.
Changes to your work environment to reduce anxiety or distractions.
Allowing flexible breaks.
A modified workload.
These are just a few examples, and they may or may not apply to your situation. The bottom line is that employers are legally required to make accommodations for your disabilities if doing so would allow you to do your job and would not create an undue hardship on the employer.
It is important to note that your employer must be aware of your disability in order to make reasonable accommodations. This is sometimes an issue in cases of depression or other psychological conditions that may not be readily apparent to an employer. You need to let your employer know about your situation so your employer can make changes that will allow you to perform your work effectively. If your employer is aware of your condition but won’t make reasonable accommodations, this could be a violation of the ADA.
It could also be a violation of the ADA if a prospective employer rejects your application because you currently have depression or have a history of the disease. The same is true if you lost a job because of unlawful discrimination based on depression or another psychological condition – or you were denied a raise, a promotion, better benefits or other perks based on your disabling psychological condition.
It is also illegal to harass an employee who had or has a disability or health condition – and this includes depression and other mental health issues. The offender could be your supervisor, a co-worker or even a non-employee who is associated with the company, such as a client.
Do you believe you have been discriminated against at work because of depression or another psychological condition? Your best course of action is to consult with a knowledgeable attorney at Cohen & Jaffe to find out if you may have a valid claim. Our dedicated legal team can analyze your case and work aggressively to pursue a valid claim on your behalf. Remedies may include:
Hiring if you were unlawfully denied employment.
Rehiring if you were fired.
Promotion to the position you lost, or an equivalent position.
Anti-discrimination policies implemented by your employer.
Financial damages, possibly including back pay for wages and compensatory damages for any physical injury, pain and suffering, shock and discomfort, and mental anguish you may have suffered because of the discriminatory treatment.
If you have depression or another psychological condition and you believe you have been the victim of employment discrimination, our Long Island employment discrimination attorney at Cohen & Jaffe, LLP, wants to help. We have the skills, experience and resources you need on your side, and we are ready to aggressively and effectively fight employment discrimination, including workplace discrimination based on depression.
The Law Office of Cohen & Jaffe, LLP, can assist and advise you all the way through the complaint process, including taking care of paperwork and the other details required. We will stand with you every step of the way as we seek justice on your behalf. Our goal is to ensure that you are heard and validated – as well as compensated – for what you have been through.
If you have been subjected to depression discrimination in your employment, you have a sympathetic ear at The Law Office of Cohen & Jaffe, LLP. Call us now to speak with one of our workplace discrimination lawyers, or fill out our online form and we will respond to you immediately.