By using this site, you agree to the Privacy Policy and Terms of Use.
Accept
Health Works CollectiveHealth Works CollectiveHealth Works Collective
  • Health
    • Mental Health
    Health
    Healthcare organizations are operating on slimmer profit margins than ever. One report in August showed that they are even lower than the beginning of the…
    Show More
    Top News
    An Expert’s Guide To Building and Improving Endurance
    June 30, 2022
    medical assistants
    What Do Medical Assistants Do On a Day to Day Basis?
    April 5, 2022
    superfoods to help with prostate health
    10 Healthy Foods That Can Help Protect Your Prostate
    August 29, 2022
    Latest News
    5 Steps to a Promising Career as a Healthcare Administrator
    August 3, 2025
    Why Custom Telemedicine Apps Outperform Off‑the‑Shelf Solutions
    July 20, 2025
    How Probate Planning Shapes the Future of Your Estate and Family Care
    July 17, 2025
    Beyond Nutrition: Everyday Foods That Support Whole-Body Health
    June 15, 2025
  • Policy and Law
    • Global Healthcare
    • Medical Ethics
    Policy and Law
    Get the latest updates about Insurance policies and Laws in the Healthcare industry for different geographical locations.
    Show More
    Top News
    healthcare cost crisis
    What If the Health Care Cost Crisis Solves Itself?
    May 11, 2013
    Do You Need Life Insurance? What Does It Cover?
    December 23, 2022
    HIE metal plans
    The Four “Metal Plans” of Health Insurance Exchanges
    May 28, 2013
    Latest News
    How IT and Marketing Teams Can Collaborate to Protect Patient Trust
    July 17, 2025
    How Health Choices and Legal Actions Intersect After an Injury
    July 17, 2025
    How communities and healthcare providers can address slip and fall injuries with legal awareness
    July 17, 2025
    Let Your Lawyer Handle the Work Before You Pay Medical Costs
    July 6, 2025
  • Medical Innovations
  • News
  • Wellness
  • Tech
Search
© 2023 HealthWorks Collective. All Rights Reserved.
Reading: What are the Protections for Mentally Ill People Under the American with Disabilities Act?
Share
Notification Show More
Font ResizerAa
Health Works CollectiveHealth Works Collective
Font ResizerAa
Search
Follow US
  • About
  • Contact
  • Privacy
© 2023 HealthWorks Collective. All Rights Reserved.
Health Works Collective > Policy & Law > Health care > What are the Protections for Mentally Ill People Under the American with Disabilities Act?
Health careHealth ReformPolicy & LawPublic Health

What are the Protections for Mentally Ill People Under the American with Disabilities Act?

HWC Editor
HWC Editor
Share
5 Min Read
SHARE

 

Contents
Employers are prohibited from asking questions about your mental health during interviewYou have a right to decent mental health servicesYou cannot be denied a job for a mental illness, unless it creates an unreasonable burden for your employerYou must make your employer aware of your condition before they can be required to provide accommodations

The Americans with Disabilities act was signed on July 26, 1990. The law was the product of years of debates about the struggles that disabled people faced. Activists argued that disabilities precluded many people from finding employment. Many parents expressed displeasure that their children were segregated from typical public schools.

The scope of the Americans With Disabilities Act has evolved over the past 30 years. When it was first passed, the stereotypical image of a protected worker or student was somebody in a wheelchair. Today, it protects the mentally ill just as much as the physically disabled.

What are the legal protections of the ADA for people with mental illnesses? Here are some of the key provisions outlined under the law.

More Read

Antibiotics
Antibiotics: Just What the Doctor (Shouldn’t Have) Ordered
Being Your Own Patient Advocate
5 Reasons Why Dementia Is Increasing In Older Adults And What Can Physicians Do About It
First HHS Innovation Fellowships’ Meeting Focuses on New Measures of Quality in Healthcare
Ryan’s Plan

Employers are prohibited from asking questions about your mental health during interview

You have a right to seek accommodations for your mental illness under the ADA. However, the protections are mostly one-sided under the law. A potential employer is not allowed to ask questions about your mental health history during an interview. You are free to bring some of them up on your own, but there are some risks, as shown below.

You have a right to decent mental health services

Mental health services are much more supportive than they used to be. However, they can be costly, particularly for certain illnesses. The good news is that there are a number of services that are covered under most healthcare policies. The Affordable Care Act requires health insurance companies to offer mental health coverage. According to the experts at the Teen Depression Treatment Center, these protections are very beneficial for young adults and teenagers.

You cannot be denied a job for a mental illness, unless it creates an unreasonable burden for your employer

Keep in mind that the ADA does not protect you from any and all forms of discrimination. It offers reasonable protections if your disability does not create significant risk or inconvenience to a potential employer.

With most mental illnesses, this shouldn’t be a major concern, as long asyour condition is in remission or properly managed. If you have a history of depression, for example, the majority of employers will+ not be allowed to hold it against you. However, there may be exceptions for positions that require a tremendous amount of stress and where you are depended on to make immediate, life-and-death decisions. People with major depressive disorders may be prohibited from working in the military or law enforcement. However, they generally will be protected from discrimination in most other fields, such as IT, finance, engineering and most healthcare occupations.

A person suffering from Asperger’s syndrome could be prohibited from working in fields where there is a strong need to interpret social cues and articulate feedback in a certain way. They might not be allowed to work in many counseling jobs, but the hiring manager will need to assess them as an individual. If they are on the high functioning end of the spectrum, they may not have any issues. In general, the employer must assess your ability to do your job, rather than using your disability as an automatic disqualifier. This is an important protection for people on the Asperger’s spectrum, since their unemployment rate is over 75%.

You must make your employer aware of your condition before they can be required to provide accommodations

Mental illness is different from physical disabilities in a number of ways. One of the biggest differences is that the condition is not usually immediately noticeable. Some people are able to successfully hide their mental illnesses from their employer, friends and even their own spouse for years until a problem arises.

Since your employer may not be aware of your condition, it is your responsibility to bring it to their attention. You must let them know if there are any accommodations that you need. If you have trouble with your job, they may be allowed to ask what accommodations they can provide. However, they still are not allowed to ask specific questions about your mental health history.

Share This Article
Facebook Copy Link Print
Share

Stay Connected

1.5kFollowersLike
4.5kFollowersFollow
2.8kFollowersPin
136kSubscribersSubscribe

Latest News

technology in medical research
The Tools Helping Medical Researchers See the Full Picture
News Technology
August 3, 2025
5 Steps to a Promising Career as a Healthcare Administrator
5 Steps to a Promising Career as a Healthcare Administrator
Health
July 31, 2025
holistic dental
Holistic Dentist Services Are Natural and Safe
Dental health Specialties
July 28, 2025
botox certification
Help Improve People’s Skin Health Via Botox Certification
Skin Specialties
July 22, 2025

You Might also Like

cybersecurity in medicine
eHealthMedical DevicesNewsPolicy & Law

Cybersecurity in Medical Devices: Paranoia, or a Tangible Threat?

January 23, 2015
Medical EthicsPolicy & Law

Patient Survives Death Sentence – Medical Negligence?

August 30, 2015
Image
BusinessHealth ReformPolicy & LawPublic Health

Millions of Americans Could Lose ACA Subsidies

July 21, 2014
Health careMedical InnovationsTechnology

4 Important Ways Healthcare Technology Improves Your Patient Care

September 28, 2017
Subscribe
Subscribe to our newsletter to get our newest articles instantly!
Follow US
© 2008-2025 HealthWorks Collective. All Rights Reserved.
  • About
  • Contact
  • Privacy
Welcome Back!

Sign in to your account

Username or Email Address
Password

Lost your password?