Your rights at work

The Americans with Disabilities Act (ADA) covers employers with 15 or more employees, including state and local governments. It is illegal for an employer to discriminate against you simply because you have a mental health condition.

The EEOC says conditions such as major depression, PTSD, bipolar disorder and OCD should easily qualify for protection, and many others will qualify as well.

An employer may still act if, even with an accommodation, someone can’t do the main duties of the job or would pose a significant safety risk.

You can ask for a change to how or when you work because of a health condition. See “Reasonable accommodations” below for examples and how to ask.

If you do share health information, your employer must keep it confidential, even from coworkers. See “Should I tell work?” below.

The Family and Medical Leave Act (FMLA) gives eligible workers unpaid, job-protected leave. See “Time off & leave” below.

Your employer can’t punish you for asking for an accommodation, reporting discrimination, raising safety concerns or, for most workers, discussing pay. See “Speaking up safely” below.

The EEOC says an employer may ask medical questions only

• After making you a job offer, but before you start
• On the job, when there is objective evidence you may be unable to do your job
• When it is doing affirmative action for people with disabilities
• When you ask for a reasonable accommodation

Many people wait until after a job offer to ask for an accommodation, because unfair treatment before an offer is very hard to prove.

If you share, your employer must keep your medical information confidential, even from coworkers. You can choose to talk to coworkers about it yourself if you want to.

Reasons some people share

• To ask for an accommodation, which usually means sharing something
• To explain changes in their work before problems build up
• To feel less alone, if the workplace feels safe
• To help reduce stigma for others

Reasons some people wait

• They don’t need any changes right now
• They don’t feel the workplace is safe yet
• They want to settle in first

To ask for an accommodation, you can tell your supervisor, HR or another appropriate person. If your manager doesn’t feel safe to talk to, HR or your EAP may be a better first step.

Accommodations people use

• A modified break schedule or a private place to rest
• A quiet workspace, or noise-reducing devices
• A specific shift
• Adjusted breaks or schedule, like time for therapy appointments
• Regular supportive check-ins with your supervisor
• Working from home
• Written instructions from your supervisor

Steps

1. Tell your supervisor, HR or another appropriate person that you need a change at work because of a medical condition.
2. You don’t need to know the exact fix, but you can suggest one.
3. Your employer may ask for a written request and a note from your health care provider.
4. You may not need to share your exact diagnosis. A more general description may be enough.
5. Keep a copy of what you asked for and what was agreed.

The Job Accommodation Network (JAN) gives free, confidential advice about job accommodations and the ADA, for both workers and employers. It has lists of accommodation ideas for mental health conditions.

In a JAN survey of employers from 2019 to 2024, 61% said the accommodation their employee needed cost nothing. Another 33% had a one-time cost, with a median of $300.

Sometimes the first change doesn’t fully help, or your employer suggests something different. It’s okay to say what is and isn’t working and to suggest another option. Keep notes of each conversation.

The FMLA lets eligible workers take up to 12 weeks of unpaid, job-protected leave in a 12-month period, for their own serious health condition or to care for a child, parent or spouse. Group health insurance continues during leave.

You are usually eligible if you

• Have worked for the employer for at least 12 months
• Work where the employer has at least 50 employees within 75 miles
• Worked at least 1,250 hours in the past 12 months

The EEOC says that if you can’t do your job’s main duties and have no paid leave left, you may still be entitled to unpaid leave as a reasonable accommodation, if the leave would help you get back to doing your job.

Eligible workers can use FMLA leave for the birth of a child and bonding with a newborn, for an adoption or foster placement, or to care for a child, parent or spouse with a serious health condition. Leave for a new child must usually be used within a year of the birth or placement.

Some states offer extra protections, including paid family or medical leave. Check with your state labor office to see what applies to you.

An Employee Assistance Program (EAP) is a workplace program that offers free, confidential short-term counseling, assessments and referrals. EAPs can help with stress, grief, family problems, substance use and other mental and emotional concerns.

How to find yours

• Ask HR: “Do we have an EAP, and how do I reach it?”
• Check your employee handbook or benefits website
• Many EAPs also support family members

A U.S. law called the Mental Health Parity and Addiction Equity Act requires most health plans to treat mental health and substance use benefits about the same as medical and surgical benefits, including costs, visit limits and approval rules.

Retaliation means punishing a worker for asserting their right to be free from discrimination or harassment. It is against the law.

Protected actions include

• Answering questions in a harassment investigation
• Asking about pay to check for unfair differences
• Asking for a disability accommodation
• Filing a complaint, or being a witness in one
• Raising concerns about discrimination or harassment with a manager

Retaliation can look like

• Being moved to a worse job or shift
• Changing your schedule to clash with family duties
• Extra scrutiny, rumors or verbal abuse
• Unfair write-ups or lower reviews

Workers have the right to a safe workplace, to raise safety and health concerns with their employer or with the Occupational Safety and Health Administration (OSHA), to report work injuries or illnesses, and to get training about job hazards. Your employer cannot retaliate against you for using these rights.

OSHA’s Whistleblower Protection Program handles complaints about retaliation. Deadlines to file can be short, so act quickly and check whistleblowers.gov for how to file.

Under the National Labor Relations Act, workers covered by the law can talk with coworkers about their pay, in person, by phone or in writing, whether or not there is a union. You also have the right not to discuss your pay.

It is unlawful for an employer to punish you for discussing pay, or to have rules that ban these talks. You can contact the National Labor Relations Board (NLRB) at 844-762-6572.

Harassment linked to who you are, including a disability, can be illegal discrimination. Reporting it, or helping with an investigation, is protected.

Keep track of

• Dates, times and what happened
• Emails, messages and documents (keep copies you are allowed to keep)
• Who was there
• Who you reported it to, and what they said

Many problems can be fixed by raising them with HR or following your workplace’s complaint process. A union representative can support you in meetings if you have one. If inside channels don’t feel safe, you can go straight to the agencies below.

Agencies

• EEOC (eeoc.gov, 1-800-669-4000): discrimination, harassment, accommodations and retaliation
• Job Accommodation Network (askjan.org, 800-526-7234): free, confidential advice on accommodations and the ADA
• NLRB (nlrb.gov, 844-762-6572): talking about pay and working together with coworkers
• OSHA (whistleblowers.gov): safety concerns and whistleblower retaliation
• U.S. Department of Labor, Wage and Hour Division (dol.gov): FMLA leave
• Your state labor office: state laws that may give you more protection

Complaints and investigations can take time and stir up stress. Lean on people you trust, keep up the routines that keep you steady, and consider talking with a counselor or your EAP.