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An overview of mental health discrimination laws

Workers in Florida who experience mental health issues may be entitled to reasonable accommodations at work. For instance, those who go to therapy may be allowed to adjust their schedules around their appointments. Employees could also be allowed to work in an office that is located away from other workers or customers. In some cases, an individual with a mental health issue may be allowed to work from home.

Companies that have 15 or more employees are covered by Title I of the Americans with Disabilities Act (ADA) of 1990. The ADA makes it unlawful to discriminate against a person with a mental health issue or other disability who is otherwise qualified for a position. Discrimination could include failing to hire, promote or provide other opportunities to an individual simply because they are disabled.

Employers generally cannot ask a job applicant about the extent of their disability during an interview. Furthermore, a job offer can only be contingent on passing a medical exam if all candidates are asked to take such an exam. If an employer obtains a person's medical information, that data must be kept confidential. If an individual feels that they have faced discrimination at work, it may be possible to file a charge with the Equal Employment Opportunity Commission (EEOC).

By partnering with a workplace disability discrimination law firm, one could pursue legal action. A legal professional may be able to review a case and recommend how to proceed based on the evidence provided. In some cases, an employee might be able to obtain compensation in a settlement or after a lawsuit. The EEOC could also get involved in a workplace discrimination matter.

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