Is an employer required to keep mental illness confidential?

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One question that many employees with mental health issues wonder is whether their employer is required to keep the information regarding their mental illness confidential. Under the Americans with Disabilities Act, employers are not permitted to discriminate against any person with either a psychical or mental impairment. Some of the mental impairments covered under the ADA include anxiety disorders, schizophrenia, bipolar disorder, major depression, and more.

Many people with mental illnesses want to keep the information regarding their illness confidential but may have to tell their employer in order to receive the necessary accommodations. The ADA requires employers to keep information regarding any medical conditions, including mental impairment, confidential and may only inform supervisors and managers if there are any accommodations to be made. If there are safety personnel in the place of employment, they are also permitted to have this information in case of emergency.

If any accommodations are made, the employer is not permitted to inform other employees that they have done so. If employees are questioning an employer about the accommodations made, the employer can only state that they are complying with federal law or that it is for business purposes. Some accommodations that can be made include working on a modified schedule, permitting time off work to obtain the necessary treatment and other simple changes that may make the work environment to assist the employee.

If you believe you have been discriminated against by your employer for a mental illness, contact our firm today.

The dedicated and compassionate employment law attorneys at Vigilante Law Firm, P.C. would be happy to provide you with assistance in your case and help you recover the compensation you are entitled to. Contact us today to schedule a consultation so we can assess the specific circumstances surrounding your lawsuit.

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