What are the rights of people with mental health disabilities in the workplace?

People with mental health disabilities in South Carolina have the right to be considered for jobs on the same basis as those without a disability—meaning they must go through the same recruitment, selection, and hiring process. Additionally, employers are not allowed to ask about an applicant’s mental health history or status, and must abide by all applicable anti-discrimination laws. Once hired, people with mental health disabilities have the right to reasonable accommodations due to their disability, such as altered work schedules, additional breaks, or assistance from a trained mental health professional. Additionally, they have the right to a safe and respectful workplace, free from any harassment based on their disability. Lastly, employers may not fire or refuse to promote an employee because they have a mental health disability, and must use the same evaluation criteria as they would for any other employee. Of course, employers are allowed to take disciplinary action when employees are not performing up to expected standards, as long as the same rules apply to both disabled and non-disabled employees. Overall, people with mental health disabilities have the same rights as any other employee in the workplace, and are protected from discrimination due to their disability. It is the employer’s responsibility to ensure a safe and respectful work environment for all employees.

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What are the rights of people with mental health disabilities in the workplace?

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