Can My Employer Find Out I Have a Mental Health Problem?
Workers' rights and state laws vary widely across different states, so it is crucial to consult your state SEN or department of economic/workforce development for specific advice.
Traditionally, when a mental health problem is queried of all candidates or potential hires, there must be a real and relevant basis for doing so. Federally, if one candidate is asked a question, all candidates must be asked the same question. However, if the question surfaces post-hire and appears random, such as your boss pulling you into their office and inquiring about your mental health history, it might be questionable. Again, law should come first, along with relevance.
The only exception would be if you've made your history a part of the workplace's common knowledge. If you've actively discussed your mental health with coworkers, and they've raised concerns to management, the matter would be something management would have to address for the collective good.
Mental Health as a Disability
A mental health problem can be considered a disability, meaning your employer cannot discriminate against you because of it. However, your employer has a duty of care towards his other employees, and must accommodate your needs if possible. In certain circumstances, they may need to terminate your employment due to safety concerns.
For example, addiction, such as alcoholism, can pose a risk, especially if you need to operate heavy machinery or drive a forklift. In such cases, you have a duty to inform your employer to find a less dangerous role if possible.
Accommodating Mental Health Needs
If you are autistic, you may require a different instructional method, such as a "why" rather than a "how" approach. This can save time in the long run and may even lead to discovering a better way of doing things.
Color blindness can be a challenge, but changing the warning posters from red to neon bright yellow can help. Similarly, if you are suffering from depression and need to take regular breaks, your employer can arrange for a quiet space with work that can be done there, such as completing paperwork.
It's important to communicate your needs with your employer. If you do not disclose your condition, no one else will because of patient/client confidentiality. However, if you do not inform your employer, they cannot work with you to find ways to help you recover.
Discuss your situation with your therapist to understand whether there is a risk of endangering your co-workers during a crisis and if your job is still safe to do on your medication. If your therapist gives the go-ahead, it's up to you to decide how to proceed. I found that my employer was willing to accommodate me by allowing me to take a "break" in the training room when needed. I would take work there to distract my mind from the office's "strains," and this helped me avert a crisis.
Employers must balance their duty of care to other employees with their legal obligations to accommodate disabled workers. Open communication and understanding are key to creating a supportive and inclusive workplace for those with mental health needs.
For more detailed information regarding specific state laws and advice on mental health in the workplace, consult your state Senate or department of economic/workforce development.