NYC Mental Illness Discrimination Lawyers
At Eisenberg & Baum, LLP, we know that your mental health is crucial to your well-being and productivity at work. When you have a mental health disability, it can make working much harder. Nevertheless, you have to work.
You may need some support to continue working productively – and you have a right to reasonable accommodations for your disability. You have the right to fair hiring, promotion, assignment and termination decisions, regardless of your mental health condition. it’s the law.
Under the Americans with Disabilities Act (ADA), the New York State Human Rights Law (NYSHRL) and the New York City Human Rights Law (NYCHRL), it is illegal for employers to discriminate against people with disabilities. These laws ensure that qualified people with disabilities are not only protected from discrimination but are also provided with reasonable accommodations that enable them to do their jobs.
These laws cover mental health-related disabilities. If you believe you have been discriminated against because of your mental health condition, contact us for a free initial consultation.
Based in Manhattan, we handle cases of mental-health disability discrimination across New York and nationwide. Our firm takes all employment discrimination cases on a contingency-fee basis, meaning you pay no legal fee unless we win your case.
Is Mental Illness Considered A Disability Under The ADA?
Yes, the ABA’s definition of disability is when your condition significantly limits one or more major life activities. Here are some conditions that potentially meet the ADA’s definition of a disability:
- Major depression
- Anxiety disorders
- Panic disorders
- Obsessive-compulsive disorder (OCD)
- Bipolar disorder
- Post-traumatic stress disorder (PTSD)
- Schizophrenia
It can sometimes be difficult to know whether you have a workplace discrimination claim. However, if your mental health condition is severe enough that it significantly limits you, you are probably protected by the ADA.
There is no question that mental illness is a disability under the ADA. Disability discrimination on the basis of mental illness is unlawful, just like other forms of disability discrimination. The ADA also requires employers to make reasonable accommodations for people with mental health disabilities, provided the accommodation does not cause undue hardship for the employer.
What Does The New York State Human Rights Law Say About Mental Illness?
According to the NYSHRL, a disability is “a physical, mental, or medical impairment that prevents someone from exercising normal bodily functions.” This definition is somewhat broader than the ADA’s definition.
Under the NYSHRL:
- Employers must not discriminate against employees or independent contractors on the basis of mental illness
- Employees have the right to reasonable accommodations for their disabilities
If you are experiencing disability discrimination on the basis of mental illness, we are standing by to help. Our attorneys have experience with mental health disability claims under both federal and New York law, and we represent clients nationwide.
Common Examples Of Reasonable Accommodations For Mental Illness
Each request for accommodation is unique. Workers have the right to ask for whatever accommodation would help them most. Then, the worker and the employer determine if the preferred accommodation is feasible and negotiate for a reasonable outcome. That said, here are common examples of accommodations that might be considered reasonable:
- Flexible work schedules or options to work from home
- Modified break times
- A desk with fewer distractions, or a designated quiet space within the workplace
- Permission for therapy appointments during working hours
- A leave of absence for in-patient care
- Modifications to workplace policies that impact people with mental illnesses
The first step towards securing an accommodation is to formally request one. If your employer refuses or retaliates, our experienced lawyers can help.
Dealing With Disability Discrimination On The Basis Of Mental Illness? Reach Out For A Free Consultation.
If you suspect you are experiencing disability discrimination on the basis of mental illness, do not hesitate to reach out. At Eisenberg & Baum, LLP, our attorneys are dedicated advocates for justice and fairness in employment law.
With significant experience and readiness for trial, we fight vigorously to protect workers’ rights. Contact us today at 212-353-8700 or email us for a free consultation about your case.