Provide your employer with a doctor's note that outlines your need for an accommodation. While this might not prevent the discrimination itself, it will put your employer on notice of your condition and help prove your case if discrimination does occur.
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.
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.
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.
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.
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.
5 Employers must provide reasonable accommodations to applicants and workers with psychiatric disabilities (and other disabilities) unless this causes undue hardship. In most cases, individuals with diagnosed mental health conditions are covered under the ADA and have a right to job accommodations.
Evidence in a discrimination case in California typically includes: emails, text messages, recordings, disciplinary forms, termination documents, or a copy of your employment contract if one exists. If you're like most Californians, you spend an inordinate amount of time at work.
Be clear and concise, stating the specifics of how your mental health problems are impacting your work. The point here is to keep it professional and appropriate--your boss is not a therapist or close friend, so you need to stick to what matter's to the workplace.