Mental Health Disabilities at Work: Legal Protections for Anxiety, Depression, and PTSD

In California, workers with mental health conditions benefit from some of the strongest legal safeguards in the country. Under state law, conditions such as anxiety, depression, and PTSD qualify as protected disabilities when they limit major life activities.

If you have concerns about mental health and work, a workplace discrimination attorney at Erkel Law, P.C. can help. By working together, we can prevent discrimination, break the stigma associated with mental health, and ensure equal employment opportunities. Below, we explain how the law protects you in the workplace if you struggle with a mental health disability.

Fair Employment and Housing Act

The most important antidiscrimination law in California is the Fair Employment and Housing Act (FEHA) (Gov. Code, §§ 12900–12996). This law provides certain workplace protections by expanding federal regulations and broadening protections against on-the-job harassment and employer retaliation. Under FEHA, if your company has five or more employees, it:

• Cannot terminate, demote, pass over for promotion, or refuse to hire an individual based on an actual or perceived mental health disability
• Cannot allow or fail to address workplace harassment, such as derogatory jokes or offensive remarks
• Must provide modifications to help workers perform their essential job functions, in most circumstances
• Has a strict, ongoing legal duty to engage in a timely, good-faith dialogue with the employee to identify effective accommodations
• Cannot punish, retaliate against, or discipline a worker for disclosing a mental health condition, requesting accommodations, or filing a discrimination complaint
• Must keep all mental health documentation strictly confidential and store it separately from standard personnel files

FEHA, therefore, provides legal protection for employees who suffer from mental health disabilities, such as anxiety, depression, or PTSD.

Americans With Disabilities Act

The Americans with Disabilities Act (ADA) protects workers with mental health disabilities from job discrimination, harassment, and retaliation. Under this federal civil rights law, eligible employees with anxiety, depression, and PTSD have a legal right to request reasonable accommodations to help them perform their essential job duties.

Examples of common accommodations include modified schedules, time off for therapy, or remote work. The most appropriate accommodations will depend on your specific needs. To qualify for legal protections under the ADA, your mental health disability must substantially limit at least one major life activity, such as concentrating, communicating, or sleeping.

Discuss Your Mental Health Legal Protections with a Lawyer Today

Navigating a mental health disability and your legal rights in the workplace can feel overwhelming, but you do not have to face it alone. Erkel Law, P.C. works to protect employees experiencing anxiety, depression, and PTSD with compassionate guidance and assertive advocacy.

If you feel that your employer has compromised your mental health rights, let Erkel Law, P.C. hold them accountable. Reach out today to schedule a confidential consultation.