Employment Discrimination For Mental Illness In Michigan
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FAQ
How Does Systemic Oppression and Discrimination Impact People? A lack of availability of mental health services. Transportation issues, difficulty finding childcare/taking time off work. The belief that mental health treatment “doesn't work” The high level of mental health stigma in minority populations.
The most common method of proof for discrimination cases is circumstantial evidence. Under Michigan law, the employee must not merely raise a triable issue that the employer's articulated reason was pretextual, but that it was a pretext for unlawful discrimination.
Examples of mental health discrimination include mocking an employee for going to therapy or taking medication for their mental health; requiring someone to take a night shift even though their medication makes them excessively drowsy; or punishing a person for missing work due to their mental health.
Understanding Mental Health Discrimination in California The discrimination may be overt, such as outright refusal to hire someone due to their mental health condition, or more subtle, such as imposing unreasonable demands that are difficult for someone with a mental health condition to meet.
Direct Mental Health Discrimination For instance, an employee may be a top performer, but they suffer from severe anxiety or bipolar disorder. If an employer refuses to give this employee an opportunity for a promotion while others with similar qualifications have, this may be a form of mental health discrimination.
In California, employers may not discriminate against an employee because of the employee's mental disability. This means that it is unlawful for an employer to fire an employee because the employee has a mental disability.
If a person's employer fails to take action to stop the harassment, a person may then want to consider a hostile work environment lawsuit. Making sure that the employer knows about the harassment or should have known is a necessary prerequisite to filing a claim.
Mental health discrimination at work is where an individual, with a diagnosable mental health condition, is treated less favorably than other employees because of this disability. This discrimination can be either direct or indirect, intentional or unintentional.
Medical records, along with corroborating testimony, can prove you have or had a disability. However, in cases where discrimination is based on a perceived disability, substantiating employer statements or nonverbal conduct regarding your mental or physical abilities becomes crucial.
For instance, an employee may be a top performer, but they suffer from severe anxiety or bipolar disorder. If an employer refuses to give this employee an opportunity for a promotion while others with similar qualifications have, this may be a form of mental health discrimination.
