Hiring & Firing: Workplace Rules From The Feds
Hiring & Firing: Workplace Rules From The Feds

Employees with various disabilities are protected by a large number of federal laws. The protections can include the provision of alternate work arrangements.

The U.S. Equal Employment Opportunity Commission (EEOC) has issued a publication available online, “Depression, PTSD, & Other Mental Health Conditions in the Workplace: Your Legal Rights.” It offers a series of questions asked by employees or applicants, but the answers could be helpful to any prospective employer. For example:

  • Is my employer allowed to fire me because I have a mental health condition? Answer: No. It is illegal to discriminate simply because of a mental health condition.
  • Am I allowed to keep my condition private? A: In most cases, yes, but an employer is allowed to ask medical questions in certain cases.
  • What if my mental health condition could affect my job performance? A: An employee might have a legal right to reasonable accommodation.
  • How can I get a reasonable accommodation? A: Ask for one.
  • What will happen after I ask for a reasonable accommodation? A: The employer could ask for written documentation.
  • What is there’s no way I can do my job, even with accommodation? A: The employee might be entitled to unpaid leave to get to the point where the job can be performed.