Mental health conditions are protected under federal employment laws, including the Americans with Disabilities Act (ADA). 

Therefore, employers cannot treat employees or job applicants unfavorably because of a mental health condition such as depression, anxiety, PTSD, bipolar disorder, or other qualifying conditions.  

This protection means that any unfavorable treatment, adverse employment decision, or harassment based on a mental health condition is considered discrimination under federal law. 

These protections apply across the full employment lifecycle, including: 

Hiring and Onboarding 
Under the Americans with Disabilities Act (ADA), employers cannot refuse to hire, withdraw a job offer, or treat an applicant differently because of a known or perceived mental health condition. 

Before a job offer: 

• Employers may not ask about the existence, nature, or severity of a disability, including mental health conditions. 

• Employers cannot require medical exams before making a job offer. 

• Employers can ask questions about your ability to perform the essential functions of the job and how you would perform those functions safely. Questions must focus on the job, not on your medical history. 

After a job offer (incl. conditional): 

• Employers may ask medical questions or require a medical exam, but only if all applicants offered the same job must answer the same questions or take the same exam. The purpose must be to determine whether you can perform the job safely or to identify reasonable accommodations. 

• Any hiring decisions based on medical information must be job-related and consistent with business necessity. (Source: EEOC) 

Pay, Promotions, Assignments, and Performance 

Employees cannot be paid less, passed over for promotions, or given less desirable assignments because of a mental health condition or because they requested accommodations. Employers must evaluate performance fairly and consistently. All decisions must be based on job performance and qualifications, not mental health status. 

Termination or Layoffs 
An employee cannot be fired, laid off, or selected for termination because of a mental health condition, a request for accommodations, or the need for mental health–related leave. 

Day-to-day Treatment at Work 
Harassment or negative treatment based on mental health, such as jokes, stereotypes, isolation, or dismissive comments, is prohibited. Employers are required to address this behavior when they become aware of it. 

If a mental health condition substantially affects your ability to perform your job, you have the legal right to request reasonable accommodations. 

Reasonable accommodations are changes or adjustments to your job or work environment that help you do your job effectively while managing the impact of your mental health condition. Accommodations should support your ability to perform the essential functions of your job, and can be adjusted over time as job needs or your health needs change. 

Accommodations vary based on individual job tasks and needs. Common examples for mental health conditions include: 

• Flexible start or end times 

• Remote or hybrid work arrangements 

• Adjusted workloads or extended deadlines 

• Quiet workspace 

• Scheduled breaks 

Once you request accommodation to HR (written/verbal), your employer must engage in a good‑faith discussion with you about your needs and potential solutions, often called the interactive process.  

Employers are not required to provide the employee’s preferred accommodation if another effective option is available, but they must make a reasonable, individualized effort to find something that works. Accommodations can potentially be denied if they would cause undue hardship for the employer or prevent you from performing essential job duties. 

Please see here for additional guidance on requesting accommodations in the workplace. 

If you have a serious mental health condition and work for a covered employer, you may have the legal right to take job-protected leave under the Family and Medical Leave Act (FMLA). 

A mental health condition is considered serious if it requires: 

• Inpatient care – for example, an overnight stay in a hospital or treatment center for conditions such as addiction or eating disorders, or 

• Ongoing treatment by a healthcare provider, including: 

• • Conditions that incapacitate you for more than three consecutive days and require ongoing care, such as multiple appointments or a single appointment with follow-up treatment like therapy or medication 

• • Chronic conditions (e.g., depression, anxiety, PTSD) that cause occasional periods of incapacity and require treatment at least twice a year 

FMLA Leave for Mental Health provides: 

• Up to 12 weeks of unpaid, job-protected leave in a 12-month period 

• The ability to take leave intermittently or on a reduced schedule, for example, for therapy appointments as long as it is medically certified and meets FMLA’s “serious health condition” criteria 

FMLA leave can also be used to care for a spouse, child, or parent with a serious mental health condition that prevents them from working or performing daily activities. Care can include providing psychological support or reassurance. 

To be eligible for FMLA Leave: 

1. If all of the following are true: 

• You have worked for your employer for at least 12 months. 

• You have at least 1,250 hours of service for that employer during the 12 months before your leave begins. 

• You work at a location where your employer has at least 50 employees within 75 miles. 

OR 

2. You work for a covered employer:

• A private employer that employed 50 or more employees in 20 or more workweeks in the current or previous calendar year. 

• A public agency, such as a local, state, or federal government entity or school. 

FMLA leave is job-protected. You must be returned to your original job or an equivalent position with the same pay, benefits, and responsibilities. (Source: US Department of Labor) 

Even if your mental health condition does not meet FMLA criteria, many employers allow employees to use paid time off, sick leave, or personal days for mental health needs. This can include therapy appointments, mental health days, or recovery from stress-related episodes. In general, the specific condition or reason for taking PTO (including for mental health reasons) does not need to be explicitly disclosed.  Check your employer’s PTO or sick leave policies for details on eligibility and procedures. 

In some states, such as New York, employees have a legal right to use accrued paid sick leave for mental health purposes. Under New York’s paid sick leave law, you can take time off for mental health conditions, including recovery, care, or treatment, even if the condition has not been formally diagnosed. Employers cannot retaliate for using sick leave for mental health purposes.  

Similar protections may exist under local laws in cities like New York City. Employees can request leave in a way that respects their privacy while ensuring they get the time needed to care for their mental health.  

(Source: NY Paid Sick Leave)

Under the Mental Health Parity and Addiction Equity Act (MHPAEA), if your employer‑sponsored health plan includes both medical/surgical benefits and mental health or substance use disorder (SUD) benefits, the mental health and SUD benefits must be provided on no less favorable terms than medical/surgical benefits.  

This means your health plan cannot: 

• Charge higher copays, coinsurance, or deductibles for mental health/SUD services than for comparable medical/surgical services. 

• Apply stricter limits on the number of visits or days, or stricter prior authorization or medical management rules, to mental health/SUD treatment than to comparable medical/surgical treatment. 

• Use more restrictive standards (for example, narrower networks or more aggressive utilization review) that make it harder to access mental health/SUD care than other medical care.  

What this means for you: 

• Coverage for therapy, counseling, inpatient or outpatient mental health or addiction treatment, and related medications should be comparable to coverage for other medical care when those services are covered by your plan. 

• If you believe your plan is treating mental health or addiction services less favorably than other medical care, you can contact your plan administrator or your state insurance department to ask for an explanation and raise a parity concern.  

Who is generally covered: 

• MHPAEA applies broadly to most large employer health plans (generally 50+ employees) and to most individual and small‑group plans, as well as many Medicaid and CHIP plans, though some limited exceptions still exist. 

(Sources: CMS/DOL) 

You have the right to speak up about your mental health and use workplace protections without being punished. This includes: 

• Requesting accommodations 

• Taking FMLA leave 

• Reporting discrimination or harassment 

• Raising concerns about your health plan’s mental health or substance use disorder (SUD) coverage 

What is retaliation? 
Retaliation is any negative action taken because you exercised these rights, not because of your job performance. Examples include: 

• Being fired, demoted, or denied a promotion 

• Receiving less desirable assignments or having your hours reduced 

• Receiving unfair discipline or negative evaluations 

• Being excluded from opportunities or isolated at work 

Retaliation may be a violation of your rights, especially if it occurs shortly after you engage in a protected activity. Retaliation is unlawful even if your concern or complaint is not ultimately proven, as long as you raised it in good faith. 

What to do if you experience retaliation 

Follow these steps in order, if possible: 

1. Document everything immediately: Record dates, times, what happened, who was involved, witnesses, and any emails or texts related to the incident(s). Keep copies of performance reviews, disciplinary notices, or schedule changes. 

1. Report internally first: Talk to HR or follow your company’s formal complaint process. Put your concerns in writing if possible, stating the facts and connecting the negative action to your protected activity. 

1. Use anonymous options if available: Check your employee handbook for anonymous hotlines, ethics lines, or third-party reporting tools to raise concerns safely. 

1. File a formal complaint externally: Contact the EEOC (for ADA retaliation) within 180–300 days or the Department of Labor (for FMLA retaliation) within 2 years. Complaints can usually be filed online or by phone. 

1. Get professional advice: Consult an employment lawyer, legal aid organization, or community legal service to understand your options. They can guide you on next steps, including whether you may be able to file a lawsuit after receiving a Notice of Right to Sue from the EEOC. 

(Source: EEOC Retaliation Guidance) 

Your mental health information is private and protected under federal law. Employers have strict limits on what medical information they may request, who may access it, and how it may be used or shared. 

Under the Americans with Disabilities Act (ADA) and the Family and Medical Leave Act (FMLA): 

Employers may request medical information only when it is job-related and consistent with business necessity, such as when you request a reasonable accommodation or take protected medical leave. 

Any medical or mental health information you provide — including diagnoses, treatment details, or documentation from a healthcare provider — must be: 

• Kept confidential 

• Stored separately from your regular personnel file 

Access to medical information must be limited to individuals with a legitimate need to know, such as HR staff responsible for accommodations, leave administration, or benefits. 

What employers may share: 

• Supervisors may be informed of work-related restrictions or approved accommodations(for example, modified schedules or duties), but not your diagnosis or specific mental health condition. 

• Safety or first-aid personnel may be informed if disclosure is necessary for emergency treatment or workplace safety planning. 

 What employers may not do: 

• Disclose your mental health condition to coworkers or managers who do not need the information to perform their jobs. 

• Gossip about, speculate on, or publicly discuss your mental health. 

• Use confidential medical information as a basis for discipline, termination, demotion, or other adverse employment actions. 

(Source: EEOC – ADA) 

Health plans and HIPAA: 

Mental health information held by an employer-sponsored group health plan (such as medical, behavioral health, or certain wellness programs) is protected under the Health Insurance Portability and Accountability Act (HIPAA). 

• HIPAA applies when health information is held by: 

• The health plan 

• The insurer 

• Plan administrators or vendors (called “covered entities” and “business associates”) 

• HIPAA generally does not apply to employers acting as employers, even if they sponsor the plan. In other words, HIPAA protects your health information in the plan, not your employer’s ordinary HR files or day-to-day management records. 

If a wellness program is part of the group health plan, identifiable health information collected through that program is protected under HIPAA.  If a wellness program is offered outside of the health plan, HIPAA may not apply — though other workplace privacy laws still may. 

Under HIPAA: 

• Employers generally do not have access to your diagnosis, therapy details, medications, or treatment records through the health plan 

• Health plans may share only: 

• Limited enrollment information, or 

• Summary (non-identifiable) health data for plan design 

• Any sharing of identifiable health information with the employer is allowed only for plan administration purposes and must not be used for employment decisions. 

(Source: HHS – HIPAA; Maynard Nexsen)

You have the right to work in an environment that is free from harassment, discrimination, and unsafe conditions. 

• Employers must follow safety laws that protect you from known hazards and allow you to raise concerns without retaliation. This includes physical and health hazards as well as violence.  

• Federal anti‑discrimination laws prohibit harassment and hostile work environments when they are based on protected characteristics such as disability, including mental health conditions.  

• OSHA recognizes that mental health is a critical part of overall worker safety and health. Employers are encouraged to address stress, burnout, and other mental health risks through training, education, and workplace programs.  

Important: There isn’t a standalone federal law that guarantees a psychologically safe workplace in all situations. However, when harmful behavior meets the legal standards for harassment, discrimination, or unsafe working conditions, existing laws provide protections and avenues for enforcement. 

• Federal agencies, including OSHA, NIOSH, and the Surgeon General, provide resources for employees on workplace stress, mental health awareness, and hazard prevention. 

Some states are exploring laws specifically focused on psychological safety. For example, Rhode Island has proposed the Workplace Psychological Safety Act, which could make it the first state to formally recognize psychological safety as a workplace right. Massachusetts is also considering legislation in this area. While these bills are not yet in effect, they signal growing attention to mental health and psychological safety at work. 

If your employer violates your rights related to mental health — such as discrimination, retaliation, or failure to provide reasonable accommodations under the Americans with Disabilities Act (ADA), Family and Medical Leave Act (FMLA), or related federal and state laws — you may have the right to file a civil lawsuit. 

Step 1: File a complaint with the EEOC 

• Before going to court, you must generally file a complaint with the U.S. Equal Employment Opportunity Commission (EEOC). 

• The EEOC investigates your claim, may attempt mediation, and issues findings regarding your complaint. 

Step 2: Receive a Notice of Right to Sue 

• If the EEOC cannot resolve the claim or declines to pursue enforcement, they will issue a “Notice of Right to Sue.” 

• You must file a civil lawsuit in federal court within 90 days of receiving this notice. 

Step 3: Grounds for Your Lawsuit 

• Discrimination based on mental health conditions (under ADA or state disability laws) 

• Retaliation for requesting accommodations, taking FMLA leave, or reporting discrimination or harassment 

• Failure to provide reasonable accommodations that would allow you to perform your essential job duties 

Step 4: Possible Remedies 
Courts can order a variety of remedies depending on the case, including: 

• Reinstatement to your former job 

• Back pay for lost wages or benefits 

• Compensatory damages for emotional distress or pain and suffering 

• Punitive damages if the employer’s conduct was particularly egregious (limited under some laws) 

• Attorney’s fees and costs 

Step 5: Get Legal Guidance 

• Filing a lawsuit can be complex and time-sensitive, so consulting an employment lawyer is strongly recommended. 

• Legal aid organizations, nonprofit workers’ rights groups, or bar associations can provide guidance or low-cost legal support. 

• An attorney helps ensure your complaint is properly documented, deadlines are met, and evidence is preserved. 

(Sources: EEOC) 

• Mental Health Conditions in the Workplace (EEOC) 

• Maximizing Productivity: Accommodations for Employees with Psychiatric Disabilities (DOL/ODEP) 

• Mental Health & Employment Fact Sheet (ADAAA/ADAPT) 

• Using FMLA for Mental Health (American Addiction Centers) 

• FMLA Mental Health Fact Sheet (DOL) 

• Can I Use FMLA for Mental Health? (MHA National) 

• FMLA FAQ: Mental Health (DOL) 

• Mental Health Discrimination at Work (Kingsley & Kingsley) 

• Employee Mental Health Rights (Want at Home) 

• Workplace Rights for Mental Health (Mission Connection Healthcare) 

• HIPAA Primer for Employer-Sponsored Group Health Plans (Maynard Nexsen) 

• Filing a Charge of Discrimination (EEOC) 

• Workplace Wellness & HIPAA (HHS) 

• Workplace Stress (OSHA) 

• Workplace Mental Health Resources (NIOSH/CDC) 

• Workplace Well-Being Reports & Guidance (U.S. Surgeon General/HHS)