Can you ask employees about their mental health?

Generally, employers cannot ask you questions about your mental health before a job offer is made.

What can organizations do to accommodate employees with depression?

Depending on one’s needs, effective management may include modified job duties; encouraging the use of an employee assistance plan (EAP); providing alternative supervision arrangements; providing alternative ways to communicate with the employee; providing job coaching; allowing a flexible work schedule; allowing for …

What should I do if my employee has a mental health issue?

Beckerman explains that her organization recommends that the employee participate in a specified treatment program based on their disorder and recurring problems. She adds that an employer should assume good will and good intent and try to find resources and the right support.

Is it legal for an employer to fire an employee for mental health?

In general, an employee has no legal obligation to reveal a mental health disorder to an employer. Where an employee’s mental health condition comes to light, an employer cannot legally fire the employee for his or her mental health status or for failing to disclose the mental health issues previously.

Can a person with a mental disorder be denied employment?

The ADA defines mental disability the same way it defines physical disability: It is a condition that “substantially limits one or more major life activities.” An employee cannot be denied employment because he or she has a mental disorder. Mental disorders that fall under ADA protections include, but are not limited to, the following:

When to ask about a mental health condition?

An employer is allowed to ask about a potential mental health disorder if there is objective evidence that (1) the employee has such a condition, and (2) the condition may pose a safety hazard and/or interfere with the employee’s ability to perform job duties.

What do employers need to know about mental illness?

For some, stress, anxiety, depression and other mental health issues can be exasperated during the winter months. Under federal and/or state law, employers may have certain obligations to provide accommodations and other support to employees suffering from mental illness. Here we answer common questions about mental illness in the workplace.

What happens if I talk about my mental health condition at work?

If you do talk about your condition, the employer cannot discriminate against you (see Question 5), and it must keep the information confidential, even from co-workers. (If you wish to discuss your condition with coworkers, you may choose to do so.) 3. What if my mental health condition could affect my job performance?

When to discipline an employee for mental health issues?

You may find the employee to be threatening, making comments that can accompany some mental health challenges. If you find that there is not a whole lot you can do to stop the behaviors, you can discipline or remove under the harassment or violating a value or code of conduct.

When to go to HR for a mental health condition?

She also notes that, depending on where you live, it may be required by law to go to HR once someone has disclosed a mental health condition, even if the employee hasn’t requested an accommodation. If you’re unsure about local regulations, feel free to first talk to HR without using the employee’s name.