Once a job has been offered, applicants may be asked to take a medical exam before starting work. Individuals who choose not to tell about their mental health condition are not “lying” or “hiding.” They are using a legally protected choice. So, in most cases, disclosing a psychiatric disability is a choice, not a requirement. According to the ADA, employers can’t require applicants or employees to disclose a disability (with a few exceptions described below). Second, they have a right to a job accommodation unless this causes undue hardship for the employer.ĭisclosing a psychiatric disability: Legal protections Except when asking for an accommodation, they can choose whether to tell the employer about their disability. Applicants and employees with psychiatric disabilities have two main rights under the ADA. Also, employers can’t take actions (such as failing to hire, demoting or denying training opportunities) because they believe a qualified applicant or employee might have a psychiatric disability. This means, for example, that qualified individuals who have a history of psychiatric disability cannot be discriminated against just because of that history. The ADA also prohibits discrimination against individuals who have a record (history) of a psychiatric disability or are regarded as having a psychiatric disability. The ADA Amendments Act of 2008 (ADAAA) recently broadened the definition of disability to provide legal protections against employment discrimination for more individuals with disabilities, including people with psychiatric disabilities. When job applicants or employees have a mental health condition that meets this criteria, they have workplace rights under the ADA. The ADA defines disability as a physical or mental impairment that substantially limits one or more major life activities. The ADA and psychiatric disability in the workplace This means that psychiatric disability is one of the most common types of disability covered under the ADA. report having a mental health condition in any given month. 4% have attention deficit/hyperactivity disorder.18% have an anxiety disorder (including post-traumatic stress disorder, obsessive-compulsive disorder, panic disorder and generalized anxiety disorder).adults, the National Institute of Mental Health estimates that: report having had any mental health condition during the past year, representing about 18.5% of the U.S.
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