When an employer is seeking the most suitable candidate for a job, they are allowed to probe for detailed information regarding a prospective employee’s professional qualifications for the job. However, the law restricts that probing to professional matters, and even prohibits questions regarding certain personal matters, such as health. Mental health is a controversial topic in many settings, and therefore employees might not be aware of the rights of the employer in this regard.  This post addresses that lack of information.

The federal Americans with Disabilities Act (ADA) and its NJ counterpart, the Law Against Discrimination (LAD), prohibit workplace discrimination for people with a range of disabilities, including mental illness. The Equal Employment Opportunity Commission (EEOC) is responsible for enforcing the ADA, and it issues a range of regulations from accessible restrooms to sick leave and beyond. Regarding disclosure of mental illness, employers and employees alike should seek legal advice, to avoid difficult encounters, hurt feelings, and legal claims.

Certain professions require a high level of responsibility for the safety of others, and are therefore stricter in their employee selection process. These fields include police, aviation, medicine, law, and the military. These professions, and others, have a culture discouraging disclosure of mental illness, which contributes to denial and hidden shame.

In March 2015, a pilot — who had been deemed unfit for work by a physician — downed a Germanwings jet, killing all 144 passengers and six crew members. Investigators later determined that the pilot suffered from severe depression and intentionally crashed the jet in the Alps. This tragic event occurred in the wake of the Federal Aviation Administration’s loosening of a ban on pilots who take psychiatric medications, to encourage depressed pilots to seek treatment.

While it is illegal for an employer to ask a potential employee specifically about their mental health during the interview process, once a job has been offered, an employer may ask more in-depth questions to determine if the candidate can meet the legitimate and non-discriminatory requirements of the job. This is especially true where an employee’s actions can jeopardize the lives and well-being of others.

As an employee, you have the right to privacy and to be treated fairly. If you believe you are suffering from workplace discrimination, a hostile work environment, or retaliation, you should call an experienced employment attorney for workers.  At Hanan M. Isaacs, P.C., we are compassionate legal counsel who will zealously advocate for your rights. Call 609-683-7400 or contact us online today to schedule a near-term and reduced fee initial consultation. You will be glad you did.