What legal protections are available for people with mental illness in the workplace?

In New York, workers with mental illness are protected by the Americans with Disabilities Act (ADA) and the New York State Human Rights Law. These laws protect workers from discrimination and unfair treatment in the workplace due to their mental health conditions. Under the ADA, employers must reasonably accommodate workers with mental disabilities unless doing so would cause undue hardship. Reasonable accommodations may include allowing more flexibility with scheduling, providing additional time off, and providing a private space for breaks. Additionally, New York State Human Rights Law prohibits employers from discriminating against workers with mental illness in regards to hiring, firing, promotions, or any other condition of employment. Employers are also prohibited from retaliating against workers who request accommodations or who have filed a complaint regarding the treatment of their mental health conditions. Importantly, employers must keep any information related to an employee’s mental health confidential and private. Employers cannot share that information with other workers, or use it to make decisions related to the employee’s employment. Workers with mental illness in New York are also protected by the Fair Labor Standards Act, which regulates minimum wages and how overtime pay should be calculated. By understanding and following these legal protections, employers can help create an environment that is supportive of workers with mental illness.

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