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Employment discrimination and mental health

According to the National Alliance on Mental Health, almost 20 percent of adults in New York and the rest of the country exhibit some type of mental illness in any given year. This means that 43.8 million adults in America suffer from PTSD, anxiety, depression or more.

There are many types of events that can cause mental illness in a person. Trauma, divorce, the passing of a loved one and experiences in the military are just some of the stressors that can cause a negative impact. Individuals who are suffering from some form of mental illness and are part of the workforce or are potential hires should speak with the human resources department and inquire about a reasonable accommodation.

The Equal Employment Opportunity Commission defines reasonable accommodation as some kind of change in how things are typically done in the workplace. For example, possible accommodations may include quiet office spaces, altered work and break schedules, specific shift assignments, being allowed to work from home or changes in supervisory techniques.

State and local governments, labor unions, private employers and employment agencies are prohibited by Title I of the Americans with Disabilities Act of 1990 from discriminating against qualified, disabled individuals in the job application process, hiring, training and other aspects of employment. The ADA pertains to employers, including local and state governments, that have at least 15 employees.

In order to prevent disability discrimination, it is necessary for employees and employers to collaborate. Discrimination can be avoided if there is an understanding of the roles of each member when there is a disability issue to address.

An attorney who practices employment law may advise clients who have been victims of employment discrimination about their legal options. A lawyer may contact the appropriate federal agency to file charges against a negligent employer.

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The Law Offices of Jeffrey E. Goldman
260 Madison Ave.
15th Floor
New York, NY 10016

Phone: 212-983-8999
Fax: 646-693-2289
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