Do you have to disclose your mental health to your employer?

Do you have to disclose your mental health to your employer?

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.

Why are companies should care about employees’mental health?

It’s about time our employers recognize the two go hand in hand. The good news is mental health issues can be treated. And some companies, like Unilever, are listening, developing health initiatives for its employees. And yet…

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.

What are the effects of mental illness in the workplace?

Mental illnesses such as depression are associated with higher rates of disability and unemployment. Even after taking other health risks—like smoking and obesity—into account, employees at high risk of depression had the highest health care costs during the 3 years after an initial health risk assessment. 13,14

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.

Is it illegal for an employer to discriminate against someone with a mental illness?

It is illegal for an employer to discriminate against you simply because you have a mental health condition. This includes firing you, rejecting you for a job or promotion, or forcing you to take leave.

When do employers require employees to undergo mental fitness for duty?

In Painter v. Illinois Department of Transportation, No. 16-3187 (7th Cir. Dec. 6, 2017), the company placed the plaintiff on administrative leave and required her to undergo a fitness for duty exam after she had several outbursts aimed at coworkers and habitually walked around the office talking to herself.

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?