Many employees have mental health conditions and employers may not even know about some of them. One of the best things employers can do is stay up to date with mental health and employment laws and go above and beyond where possible.
Employees who are mentally supported in the workplace are more productive than employees that are left to deal with their issues alone, according to NAMI Pierce County. Mental health among employees is low, with 4 in 10 saying that their job hurts their mental health. The good news is that 87% of employers have said they intend to increase mental health support over the next two years. But, do they legally have to?
Mental health & employment law
The law makes it clear that employers cannot discriminate against employees with mental health problems. Several laws protect workers in the workplace with mental health conditions. These laws include:
- Americans with Disabilities Act (ADA)
- Fair Labor Standards Act (FLSA)
- Equal Opportunity Employment Commission (EEOC)
The ADA makes it clear that mental health should not be considered when offering pay, promotions, and similar. The FLSA backs this up and makes it illegal for employers to pay people with mental health conditions less than those without them. The EEOC says that employers must treat all workers, including those with mental illness, fairly.
Small business responsibilities
The problem with the ADA is that it only applies to businesses with more than 15 employees. Small businesses...
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