7 Examples of Mental Health Discrimination at Work (And What You Can Do about Them Legally)
Personal is personal. Work is work. Until a point at which personal factors start to impact your productivity, motivation, and performance. This is when personal becomes corporate.
Disclosure of mental health issues is fully voluntary. And many employees choose not to share this personal matter for a reason. 62% of people with depression experienced mental health discrimination at the workplace.
Sometimes, revealing your mental health condition is necessary due to a doctor’s recommendations or work safety requirements. In that case, be prepared to experience these and similar examples of mental health discrimination at work. Your rights won’t necessarily get violated, but you must be informed and prepared.
Examples of Mental Health Discrimination at Work and Your Immediate Legal Response
Workplaces are increasingly expected to support mental health. The World Health Organization (WHO) developed guidelines for mental health at work for employers, managers, leaders, and companies based on current policies about workplace safety [2].
Supporting employees’ mental health can benefit the employer. As Hannah Schlueter, a Licensed Professional Counselor on Breeze, notes, “Supporting employees with low EQ’s requires collaboration, patience, and resources. […] higher EQ’s result in higher productivity and profits, so it is in employers’ best interest to invest into the EQ development of its employees.”
Unfortunately, this support can be inconsistent or misunderstood in practice. Let’s review 7 examples of mental health discrimination at work.
1. Poor Performance Review
George was diagnosed with depression and shared that he has a difficult time being productive with his manager. Initially, the manager seemed supportive and agreed to correct the performance goals to avoid more stress with George. But soon after, George started receiving vague feedback such as “less engaged,” “not proactive,” or “lacking energy,” without mentioning the corrected goals.
You may notice that your evaluation becomes more critical after you disclose a mental health condition or go through a difficult period. In some cases, earlier achievements are minimized or overlooked entirely, and the review focuses disproportionately on a short period of reduced productivity.
In George’s case, mental health challenges are being interpreted as a personal shortcoming rather than temporary and manageable circumstances that can be improved with understanding and support.
Your Legal Action
- Request clear evaluation criteria and explanations for any significant changes in your performance. Everything must be in written form.
- Compare current feedback with previous reviews.
- Talk with your manager or HR to correct your performance goals.
- If they refuse, talk to a mental health professional to get you written proof of your temporary mental health disability.
- If the employer still refuses to lower work expectations, explain your legal rights based on the Americans with Disabilities Act (ADA).
2. Termination due to Lost Productivity
Joanna has been diagnosed with autism since childhood. She presents neurotypical: learned to mask, manage her sensitivities, and do her job well. Joanna’s company had to merge, and now she has to adapt to new regulations and colleagues.
Joanna doesn’t like changes, so she shuts down as she tries to adapt to a new environment. However, management notices the situation and warns her that the situation must be fixed. Extra stress leads Joanna to a neurodivergent meltdown, so now she has trouble doing things that were routine to her. She’s fired due to lost productivity.
What can make this situation concerning is the lack of effort to explore alternatives before termination. Employers may not offer reduced workloads, flexible arrangements, or short-term accommodations that could support recovery.
What You Can Do about Termination
If you believe termination may be connected to your mental health condition, review all related documentation carefully, including your termination letter and any prior warnings or evaluations.
Your next step would be to gather medical or therapeutic documentation that shows you were managing a recognized condition. In the next meeting with your management, inform them that you experience short-term mental disability, you’re under the protection of the ADA, and your termination will be a breach of your rights.
If you don’t feel confident in your case, seek advice from an employment lawyer or legal advisor to clarify whether your rights may have been affected and what next steps are available.
3. Denial of Accommodations
Maria was recently diagnosed with a hyperactive type of ADHD. Her psychiatrist prescribed her a standing desk and/or a walking treadmill, as this helps with focus and productivity. However, Maria’s employer requires her to be on-site 5 days a week while refusing to pay for her equipment.
In some cases, employers may acknowledge the request but fail to act on it. There were precedents when companies set conditions that made the accommodation difficult to access in practice. In Maria’s example, she could be sent to a smaller office where a walking treadmill would not fit.
What You Can Do about It
- Submit your request in writing. If possible, attach a message from a mental health practitioner.
- Keep a record of all communication.
- If your request is denied, ask the managers to attach the reason why.
- Consider escalating the issue internally to HR or the higher management board.
- If escalation doesn’t work on either level, seek external legal advice.
4. Discrimination due to Stereotyping
Michael has schizophrenia, and he had to reveal his condition to HR to get FMLA for his yearly treatment program. A while after the disclosure, Michael began to notice that his colleagues avoided and excluded him, fearing that he was unpredictable and dangerous.
The man escalated the issue to HR, but they required proof. In the meantime, they told Michael to ignore colleagues. He suspects that HR breached his personal data and didn’t act on obvious examples of mental health discrimination.
Stereotyping, as in Michael’s case, may lead to reduced responsibilities or being overlooked for projects that require trust or visibility. Not only does this increase Michael’s stress, but it also affects his work performance because he gets fewer opportunities.
Your Legal Action against Stereotyping
If you suspect that your colleague’s behavior stems from stereotyping, try to discuss these concerns with them and your manager first. When some statements raise problems, document them, even if you don’t have proof to back them up yet.
Your first step would be to report these concerns through internal channels, such as HR. If the situation does not improve or begins to affect your position more significantly, seek external advice to see which options are available for you next.
5. Exclusion from the Teamwork
Laura is a successful lawyer. Recently, she shared with her coworkers that she developed PTSD due to a sexual harassment attempt in childhood. Since she shared this sensitive information, her management decided to exclude Laura from cases connected to sexual assault.
Laura repeatedly expressed her interest in such cases. Her mental health professional estimated the risk of retraumatization to be minimal. The management, however, insists on excluding Laura “for her own good.”
Exclusion “for the employee’s own good” can be particularly difficult because it reduces their visibility and affects how others perceive their role, which can have a huge impact on one’s career. It may also reinforce feelings of isolation, especially if the workplace was previously collaborative or supportive.
How to Address Exclusion due to Mental Health Reasons
If you can relate to Laura’s case, start by directly asking your management and colleagues about missed meetings or projects. If they name your mental health condition as a reason for an exclusion (or have vague, unsupported reasoning), document this. In a perfect situation, have this response written down, but you can also document these statements on your own.
As usual, try raising the concern through HR, with the implication that you know your rights. Also, be sure to have a desired outcome. What would you want changed in a situation? If higher management doesn’t respond, seek legal support from a lawyer or an advocacy center.
6. Refusal to be Hired/Promoted
John has borderline personality disorder and had to disclose his condition due to work safety requirements. He had long before expressed his aspirations to get a managerial role and was met with promises. However, when the position opened, John wasn’t even considered.
When John raised his expectations, management told him they didn’t consider him because of his “situation.” Otherwise, he was a great fit considering his qualifications and experience.
Management in John’s situation was driven by assumptions about him, rather than his actual performance. That is the definition of discrimination against people with mental health conditions in the workplace. Because these decisions are subjective, they can be especially challenging to address.
Your Legal Action against It
- If you suspect discrimination in hiring or promotion, request clear, written feedback about why such a decision was made.
- Compare your qualifications, experience, and performance with those of the selected candidate.
- Keep records of your communication with HR and management.
- Raise the issue internally. Inform your management that you have or will find legal advice on the matter.
7. Reveal of Your Diagnosis without Consent
The example of Michael from the fourth example of mental health discrimination also fits this example. Michael revealed his schizophrenia to his employer to get FMLA for his yearly treatment. As time passed by, the man noticed that other employees started to treat him differently. Michael found out that it’s due to HR leaking his diagnosis to the team.
Trust can be difficult to rebuild once confidentiality has been compromised, especially if the disclosure leads to stigma or changes in how you are treated.
What Can Be Done
If your diagnosis has been shared without your consent, your basic right to confidentiality was violated. Even if your company announces that disclosure was made within its confidentiality policy, you are still protected by the ADA and the Constitution.
Consider reporting the incident through HR. If you believe that it was HR that leaked your personal information, gather your proof and concerns, and explain how it impacts your work morale. You also might inform them that you’ll seek legal advice.
Potential Challenges You Might Face When Addressing Mental Health Discrimination at Work
Speaking up about mental health discrimination at work is hard. It’s normal to hesitate before escalating the problem. No matter how necessary it seems, always prioritize your mental well-being.
Some of the challenges you might encounter when dealing with discrimination at the workplace include:
- Proving your mental health condition. Most certainly, you’ll be met with skepticism. Employers usually require documentation from a professional, which can feel exposing.
- Distrust from colleagues. Especially after raising attention to your case. Some coworkers may distance themselves from you to protect themselves. Don’t assume it’s personal. It may be, but your colleagues most likely try to protect themselves.
- Suspension from work. In some cases, raising concerns may lead to temporary removal from meetings and internal processes. If the investigation is started, you will be suspended to protect you and your employer.
- Financial difficulties. Reduced income, legal costs, and job instability can add pressure, especially if the situation takes time to resolve. Seek support from friends and relatives, and also refer to advocacy centers that provide free or accessible legal help.
- Increased stress and worsening symptoms. The process of exposing yourself and involving others in your health may feel overwhelming. Especially if your symptoms are treated with skepticism, and you need to prove that some things are indeed challenging for you.
A friendly reminder: standing up for yourself and deciding to fight despite vulnerability and troubles shows your courage. It may be difficult, but it’s essential for you and for millions of people in the same situation.
FAQs about Mental Health Discrimination at Work
How to ask for a mental health day at work?
Do not need to disclose detailed personal information if you don’t want to. A short message stating that you need time off for health reasons is usually enough. Some employers might need to provide a letter from a psychiatrist, so keep your company’s policies in mind.
Can a job fire you for mental health issues?
No, the Americans with Disabilities Act (ADA) protects Americans from being fired for their mental health. If a person has a diagnosed condition, even reduced productivity cannot be a reason for termination. However, laws vary depending on location and circumstances. Employers are usually required to consider reasonable accommodations before termination.
How to talk to your boss about mental health?
When discussing mental health at work, focus on how your symptoms affect your work. Don’t talk about yourself as a victim. You can show vulnerability but also resilience. Show your employer that you’re interested in the position and improvement of performance if they can meet you halfway.
Can an employer ask about mental health?
No. But they can ask you about productivity and your ability to perform job duties. Sometimes, these conversations can lead to mental health being a reason. However, even if you decide to disclose something, your information should be handled confidentially due to privacy protection.
Can you get FMLA for mental health?
Yes. To get FMLA for mental health, ask for documentation from a healthcare provider. FMLA for mental health reasons can be denied in a few cases: your condition doesn’t fit FMLA’s requirements, you didn’t work enough hours to be eligible, the company doesn’t have a lot of employees, etc.
Sources:
- Discrimination in the workplace, reported by people with major depressive disorder: a cross-sectional study in 35 countries. BMJ Open. February 2016. https://bmjopen.bmj.com/content/6/2/e009961
- Guidelines on mental health at work. World Health Organization (WHO). September 2022. https://www.who.int/publications/i/item/9789240053052
- Accommodations for Employees with Mental Health Conditions. Office of Disability Employment Policy. 2026. https://www.dol.gov/agencies/odep/program-areas/mental-health/maximizing-productivity-accommodations-for-employees-with-psychiatric-disabilities
