Overview
Workplace stress puts both employee well-being and organizational productivity at risk. A recent survey by Mental Health America shows stress levels affecting over 80% of workers’ mental health and over 70% of their relationships in 2022. [1] While Gallup estimates high costs of lost productivity associated with missed workdays at $47 billion annually. [2]
While some employers promote awareness, many employees still do not feel supported or that accommodations are adequate. Are you struggling with mental health issues at your job but afraid to speak up? Feeling like the current “protections” don’t really protect you?
This guide will equip you with the knowledge you need to understand your legal rights, overcome common challenges, and learn effective strategies to request accommodations that safeguard your well-being while working.
Background for Workplace Mental Health Rights
The importance of protecting workplace mental health rights has received increasing recognition in recent decades. As our understanding of mental health issues has expanded, many countries now acknowledge the equal importance of both mental and physical well-being.
Similar to laws guaranteeing workplace safety and non-discrimination based on physical disabilities, a framework is also needed for mental health to ensure that people can maintain employment despite their conditions.
In this regard, the United States has established laws to legally protect mental health rights in the workplace, which will be discussed in more detail below.
Key Laws Supporting Workplace Mental Health
The main US laws governing workplace mental health rights are the Americans with Disabilities Act and the Family and Medical Leave Act, while the Occupational Safety and Health Act supports these laws to fulfill their objectives.
The Role of the Americans with Disabilities Act (ADA) in Ensuring Workplace Mental Health Rights
The ADA is a civil rights law for ensuring people with disabilities have the same rights and opportunities as everyone else. It prohibits discrimination against individuals with disabilities in jobs, schools, and transportation, etc.
The protection of ADA applies to individuals with a disability which meets one of the following conditions: [3]
- He/she has a physical or mental impairment that substantially limits one or more of his/her major life activities;
- He/she has a record of such an impairment; or
- He/she is regarded as having such an impairment.
The coverage of the law includes visual, speech or hearing impairments, epilepsy, cancer, HIV/AIDS, heart disease, diabetes, intellectual and developmental disabilities, anxiety disorder, depression, ADHD, bipolar disorder, schizophrenia, and specific learning disabilities.
The prohibition of ADA requires employers with 15 or more employees not to discriminate against qualified individuals with disabilities in all aspects of employment (e.g., hiring, compensation, training, promotion, and termination). Besides, employers are mandated to provide reasonable accommodations for employees with disabilities unless the accommodations would be so difficult or costly to implement. [4]
The accommodation requirements of the ADA indicate that employers must provide “reasonable accommodations” to qualified employees with disabilities. Reasonable accommodations (e.g., work from home, part-time work hours, and breaks, etc.) are adjustments to a work setting that make it possible for qualified employees with disabilities to perform the essential functions of their jobs. [5]
Exploring the ADA Complaint Mechanism
The enforcement authorities of the ADA are the US Equal Employment Opportunity Commission (EEOC) and the Department of Justice (DOJ). The EEOC can take private employers to court, while the DOJ handles legal actions against state and local government employers. [6]
The first step in the EEOC’s process to address workplace discrimination is filing a Charge of Discrimination. The details for filing a charge of discrimination with the EEOC include: [7]
- A charge asserts that an employer, union, or labor organization engaged in employment discrimination and requests EEOC action.
- Most laws require filing a charge with the EEOC before a discrimination lawsuit can be filed against the employer.
- Charges must generally be filed within 180 days of the alleged discrimination.
- Charges can be filed online through the EEOC Public Portal.
- An individual can have a meeting with the EEOC staff member to discuss his/her concerns about workplace discrimination before filing a charge of discrimination.
- The closest EEOC office can also assist with filing, or you can find contact information using their office locator by ZIP code.
- The EEOC will notify the employer of the charge and investigate unless certain exceptions, such as missed deadlines, apply.
If you file an ADA complaint with the DOJ, it involves the following procedures: [8]
- Complaints can be submitted online, mail, or fax.
- Online submission can be made on the DOJ’s Civil Rights Division website.
- The mailing address is “US Department of Justice, Civil Rights Division, 950 Pennsylvania Avenue, NW Washington, DC 20530”.
- Fax complaints can be made in the form of a completed ADA Complaint Form or a letter sent to (202) 307-1197.
- After filing, the DOJ may refer your complaint to another relevant agency, investigate it directly, or try to mediate between you and the involved organization. However, not all complaints can be investigated due to the high volume received.
- The DOJ aims to contact you within three months to provide a status update. You can also check on your complaint’s status by calling the ADA Information Line.
The Role of the Family and Medical Leave Act (FMLA) in Safeguarding Workplace Mental Health Rights
The FMLA is a federal law that provides job protection and unpaid leave from work for family and medical reasons. Similar to the ADA, the FMLA aims to balance workplace demands with family demands and allow individuals to take reasonable unpaid work leave for certain family and medical reasons. Employees must be restored to the same or virtually identical position when they return to work after FMLA leave.
The protection of the FMLA requires employers (both public and private organizations with 50 or more employees and educational agencies regardless of employee size) to provide unpaid leave from work upon reasonable requests from their employees who have worked for them for at least 12 months, and for at least 1,250 hours over the past 12 months. Employee’s request may include: [9]
- The birth of the employee’s child or placement of a child with the employee for adoption or foster care.
- The care for the employee’s child, spouse, or parent who has a serious health condition.
- A serious health condition of the employee making he/she unable to work.
- Reasons related to a family member’s service in the military.
The prohibitions of the FMLA include employers unlawfully interfering with, restraining, or denying employees’ rights under the Act. It also bars employers from discriminating or retaliating against employees who utilize or attempt to utilize their FMLA leave entitlements. Furthermore, the FMLA prohibits employers from taking adverse actions against individuals who oppose FMLA violations, file FMLA complaints, or participate in FMLA proceedings or investigations.
The accommodation requirements of the FMLA allow employees to take up to 12 weeks of unpaid, job-protected leave within a 12-month period for qualifying reasons related to caring for themselves or a family member. In addition, the FMLA requires employers to maintain an employee’s group health insurance coverage under the same terms while they are on FMLA leave. [10]
Exploring the FMLA Complaint Mechanism
The enforcement authority of the FMLA is the Wage and Hour Division (WHD), which is a division of the Department of Labor. Employees can file complaints with WHD or sue privately. State/federal workers may follow different procedures depending on their employer’s jurisdiction. WHD generally handles complaints and ensures employer compliance. [11]
The steps for filing a complaint with the WHD includes the following: [12]
- A complaint may be filed in person, by mail, or by telephone with the WHD.
- The complaint should be filed promptly upon discovering a violation of FMLA rights. Generally, legal action must be initiated within two years of the last action believed to be a violation, or within three years if the violation was willful.
- A complaint can be filed at any local office of the WHD. To find the nearest office, a person can search online at dol.gov/agencies/whd or call 1-866-4-USWAGE (1-866-487-9243).
The Supportive Role of the Occupational Safety and Health Act (OSHA)
Despite the absence of independent mental health regulations, OSHA’s General Duty Clause [13] recognizes the importance of mental well-being by mandating healthy, hazard-free workplaces. This includes addressing chronic pressure, harassment, and violence risks that can jeopardize psychological well-being.
Supplementary protocols require recording certain occupationally linked mental illnesses diagnosed by healthcare professionals, resulting in leave. Protections are also in place to shield employees reporting concerns from retaliation.
Notably, the OSHA collaborates with the ADA and FMLA to foster sound minds at work. The ADA mandates reasonable accommodations for mental health issues, while the FMLA allows unpaid, job-protected leave for various conditions. OSHA supports these laws by assisting in hazard reduction and promoting an environment that accommodates and supports leave.
Final Thoughts
While progress has been made on workplace mental health protections, more work remains. As our understanding grows, support for employees’ psychological well-being must advance.
Looking ahead, proactive employers can cultivate stigma-free environments where mental fitness and physical health flourish alike. With challenges touching most families today, flexibility and compassion are needed. By establishing cultures encouraging open dialogue and accommodation without fear, companies retain top talent while empowering individuals.
Sources:
- 2023 workplace wellness research. (2023). Retrieved May 17, 2024, from Mental Health America website: https://www.mhanational.org/2023-workplace-wellness-research
- Witters, Dan, and Sangeeta Agrawal. “The Economic Cost of Poor Employee Mental Health.” Gallup.com, Gallup, Nov. 3, 2022, www.gallup.com/workplace/404174/economic-cost-poor-employee-mental-health.aspx. Accessed May 17, 2024.
- The Americans with Disabilities Act: A Brief Overview. (2018). Retrieved May 17, 2024, from Askjan.org website: https://askjan.org/articles/The-Americans-with-Disabilities-Act-A-Brief-Overview.cfm?cssearch=1946925_1
- Guide to Disability Rights Laws. (2023, December). Retrieved May 17, 2024, from ADA.gov website: https://www.ada.gov/resources/disability-rights-guide/
- Accommodations for Employees with Mental Health Conditions. (2023). Retrieved May 17, 2024, from DOL website: https://www.dol.gov/agencies/odep/program-areas/mental-health/maximizing-productivity-accommodations-for-employees-with-psychiatric-disabilities
- ADA – Fighting Discrimination in Employment Under the ADA. (2020). Retrieved May 17, 2024, from Ada.gov website: https://archive.ada.gov/employment.htm
- Filing A Charge of Discrimination. (2023). Retrieved May 17, 2024, from US EEOC website: https://www.eeoc.gov/filing-charge-discrimination
- Same as 7
- Fact Sheet #28: The Family and Medical Leave Act. (2023). Retrieved May 17, 2024, from DOL website: https://www.dol.gov/agencies/whd/fact-sheets/28-fmla
- Same as 9
- Same as 9
- elaws – Family and Medical Leave Act Advisor. (2023). Retrieved May 17, 2024, from Dol.gov website: https://webapps.dol.gov/elaws/whd/fmla/13.aspx
- 1904.5 – Determination of work-relatedness. | Occupational Safety and Health Administration. (2023). Retrieved May 17, 2024, from Osha.gov website: https://www.osha.gov/laws-regs/regulations/standardnumber/1904/1904.5