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

In Virginia, people with mental health disabilities are protected from discrimination in the workplace by the federal Americans with Disabilities Act (ADA) and the Virginia Human Rights Act. These laws protect individuals with mental health disabilities, including major depressive disorder, bipolar disorder, schizophrenia, and other mental health conditions. Under the ADA and the Virginia Human Rights Act, an employer cannot fire, fail to hire, or deny a promotion to someone with a mental health disability. Employers are also required to make reasonable accommodations for an employee or job applicant with a mental health condition, such as providing extra rest breaks, adjusting work schedules, or allowing a mental health day off. Employers must also provide equal access to facilities and resources, such as training opportunities or employee assistance programs. In addition, employers cannot ask questions about an applicant’s mental health history during the job application process. They must also keep any information about an employee’s mental health condition confidential. Any mental health records must be stored separately from other types of employee records. Overall, Virginia employers must ensure that individuals with mental health disabilities are provided the same rights and opportunities as all other employees. People with mental health conditions must be treated fairly and without bias in the workplace.

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

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