Keith Mack
An employer is allowed to ask about your mental health in certain situations. These include when you request a reasonable accommodation, after offering you a job but before employment begins, when they are engaging in affirmative action for people with disabilities, and when there is objective evidence that you may be unable to do your job or pose a safety risk. While an employer can ask about your mental health, you are not always required to answer, and they cannot discriminate or share your information with others in the workplace. If you choose to disclose a mental health condition, your employer may ask for medical documentation and discuss reasonable accommodations with your healthcare provider. It is important to note that your employer cannot legally fire you, refuse to hire or promote you, or force you to take leave solely due to your mental health condition.
| Characteristics | Values |
|---|---|
| Can my boss ask me about my mental health? | In general, no, but sometimes yes. |
| When can my boss ask me about my mental health? | 1. When you ask for a reasonable accommodation. 2. After offering you the job, but before employment begins, as long as everyone entering the same job category is asked the same questions. 3. When engaging in affirmative action for people with disabilities. 4. When there is objective evidence that you may be unable to do your job or that you may pose a safety risk because of your condition. |
| What can my boss ask me? | Your boss may ask you to put your request in writing and to generally describe your condition and how it affects your work. They may also ask you to submit a letter from your healthcare provider documenting your condition and need for accommodation. |
| Do I have to answer my boss's questions about my mental health? | No, you are not always required to answer questions about your mental health. |
| What happens if I choose to answer my boss's questions about my mental health? | Federal law places certain restrictions on your employer: they cannot discriminate against you based on the information you provide, and they cannot share your information with anyone else. |
| Can my boss ask me about my mental health during an interview? | No, an employer may not ask a job applicant to answer disability-related questions. |
| Can my boss ask me to take a medical exam? | Yes, after offering you the job, your employer can ask you to take a medical exam before starting work. |
| What if I need to take time off for mental health treatment? | You may be protected by the Americans with Disabilities Act (ADA) and the Family and Medical Leave Act (FMLA). The ADA prevents employers from firing or punishing employees because of their mental health status, and the FMLA covers mental health treatment and allows covered employees to take up to 12 weeks of unpaid leave. |
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What You'll Learn
When can my boss ask about my mental health?
In general, employers cannot ask about your mental health, but there are certain situations in which they can. According to the Equal Employment Opportunity Commission (EEOC), your workplace rights include freedom from discrimination based on anxiety, depression, or another mental health disorder. This means that an employer cannot fire you, refuse to promote you, or force you to take leave due to a mental health condition. However, there are some circumstances in which an employer can ask about your mental health:
After a job offer but before employment begins
An employer can ask about any physical or mental health issues that may impact your ability to perform the job correctly and safely, as long as everyone entering the same job category is asked the same questions. They may also ask you to take a medical exam, but only after offering you the job. If this exam reveals a mental health condition, the job offer can only be rescinded if there is evidence that you are unable to perform the essential functions of the job, even with reasonable accommodations, or if your condition poses a safety risk.
When you request a reasonable accommodation
If you request a reasonable accommodation, your employer can ask you to put your request in writing and generally describe your condition and how it affects your work. They may also request a letter from your healthcare provider documenting your mental health condition and the accommodations you require. However, if you do not want your employer to know your specific diagnosis, you may be able to provide documentation that describes your condition more generally, such as stating that you have an "anxiety disorder".
On the job, when there is objective evidence that you may be unable to perform your job or pose a safety risk
In this case, your employer can ask about your mental health to ensure a safe workplace for all employees. They may also need to discuss your condition to establish your eligibility for benefits under laws such as the Family and Medical Leave Act (FMLA).
It's important to note that even if your employer asks about your mental health, you are not always required to answer. If you choose to disclose information about your mental health, federal law places restrictions on your employer. They cannot discriminate against you based on the information you provide, and they cannot share your information with anyone else without your consent.
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Do I have to answer?
In general, an employer is only allowed to ask medical questions (including questions about mental health) in four situations:
- When you ask for a reasonable accommodation.
- After it has made you a job offer, but before employment begins, as long as everyone entering the same job category is asked the same questions.
- When it is engaging in affirmative action for people with disabilities, in which case you may choose whether to respond.
- On the job, when there is objective evidence that you may be unable to do your job or that you may pose a safety risk because of your condition.
If you decide to answer questions about your mental health, federal law places certain restrictions on your employer. They cannot discriminate against you based on the information that you provide, and they cannot share your information with anyone else (including your co-workers).
However, just because an employer can ask about your mental health, this does not mean that you are always required to answer the question. For example, if an employer is engaging in affirmative action for people with disabilities, you can choose whether or not to respond. If you don't want your employer to know your specific diagnosis, it may be enough to provide documentation that describes your condition more generally (e.g., stating that you have an "anxiety disorder").
Additionally, employers cannot require applicants or employees to disclose a disability (with a few exceptions). Once a job has been offered, applicants may be asked to take a medical exam before starting work. If this exam reveals a psychiatric disability, the job offer can only be withdrawn under certain conditions, such as if there is evidence that the person cannot perform the essential functions of the job without accommodation or if the disability poses a safety issue.
On the job, employees generally cannot be required to disclose a psychiatric disability unless they are requesting a job accommodation. If you are unsure about whether to disclose your mental health condition, it is important to know your rights and consider seeking legal advice.
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What happens if I disclose a mental health condition?
Disclosing a mental health condition to your employer can be a daunting experience, and it is understandable if you feel hesitant to discuss such a personal matter. However, there are laws in place that protect employees with mental health conditions from discrimination and ensure they receive the necessary accommodations to perform their jobs.
In most cases, disclosing a mental health condition is a choice and not a requirement. There are some situations in which an employer is allowed to ask medical questions, including mental health inquiries. These situations include when you request a reasonable accommodation, after they have made you a job offer but before employment begins, when they are engaging in affirmative action for people with disabilities, and when there is objective evidence that you may be unable to perform your job or pose a safety risk due to your condition. If you request a reasonable accommodation, you may be asked to put your request in writing and describe your condition and its impact on your work. You may also need to submit documentation from your healthcare provider about your condition and the accommodations you require.
If you choose to disclose your mental health condition, your employer is legally prohibited from discriminating against you based on this information. They cannot share your information with anyone else without your consent, including your co-workers or managers. They are also not allowed to fire you, refuse to hire or promote you, or force you to take leave due to your mental health condition. Additionally, they must provide reasonable accommodations unless doing so causes significant difficulty or expense. Reasonable accommodations can include changes to the work environment or the way things are usually done to enable individuals with disabilities to have equal employment opportunities.
While disclosing your mental health condition can be challenging, there are potential benefits to doing so. You can receive necessary accommodations, reduce stress from concealing your condition, and access workplace programs and support from supervisors and co-workers. Disclosure can also open a line of trust between you and your employer, leading to a more comfortable and productive work environment.
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What are my rights?
If you have a mental health condition, you are protected against discrimination and harassment at work, and you have workplace privacy rights. You are also entitled to reasonable accommodations that can help you perform and keep your job. This includes altered break and work schedules, quiet office space or devices, and changes in supervisory methods.
Your employer is only allowed to ask medical questions, including about your mental health, in four situations:
- When you ask for a reasonable accommodation.
- After it has made you a job offer, but before employment begins, as long as everyone entering the same job category is asked the same questions.
- When it is engaging in affirmative action for people with disabilities, in which case you may choose whether to respond.
- On the job, when there is objective evidence that you may be unable to do your job or that you may pose a safety risk because of your condition.
If you decide to answer questions about your mental health, your employer cannot discriminate against you based on the information you provide, and they must keep the information confidential, even from co-workers. They also cannot require you to take a medical exam before extending a job offer.
If you cannot perform all the essential functions of your job, even with accommodations, you may be entitled to unpaid leave as a reasonable accommodation. You may also qualify for leave under the Family and Medical Leave Act (FMLA).
In Canada, your employer has a "duty to inquire" when they sense you need an accommodation, but they are not privy to your actual diagnosis without your consent.
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What is reasonable accommodation?
An employer is allowed to ask medical questions, including about an employee's mental health, in four situations. One of these situations is when an employee requests a reasonable accommodation.
Reasonable accommodations are adjustments to a work setting that make it possible for qualified employees with disabilities to perform the essential functions of their jobs. They are not always a quick fix, and employers are not obligated to provide them if doing so would impose an undue hardship. The hardship depends on the size of the organization and the nature of the business.
Accommodations can be made for minimal (if any) cost and a small investment of time and planning. They can help employees return to work more quickly after disability leave, reducing costs associated with lost productivity and performance. This can be key in retaining valuable employees.
Employees can ask for a reasonable accommodation at any time, but because an employer does not have to excuse poor job performance, it is generally better to get an accommodation before any problems occur or become worse. An employer may ask an employee to put their request in writing and to generally describe their condition and how it affects their work. The employer may also ask the employee to submit a letter from their healthcare provider documenting their condition and the need for an accommodation. If the employee does not want the employer to know their specific diagnosis, it may be enough to provide documentation that describes their condition more generally.
Examples of reasonable accommodations include:
- Flexible workplace: telecommuting and/or working from home
- Scheduling: part-time work hours, adjustments in the start or end of work hours, and compensation time
- Leave: sick leave for reasons related to mental health, flexible use of vacation time, and additional unpaid or administrative leave for treatment or recovery
- Breaks: breaks according to individual needs, more frequent breaks, and greater flexibility in scheduling breaks
- Management/Supervision: supportive supervision that includes positive reinforcement and constructive feedback, adjustments in the level of supervision, and additional forms of communication
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Frequently asked questions
According to the Equal Employment Opportunity Commission (EEOC), your employer is only allowed to ask questions about your mental health in four situations. This includes when there is objective evidence that you may be unable to do your job or pose a safety risk because of your condition. If you do choose to disclose information about your mental health, your employer cannot discriminate against you, including firing you, rejecting you for a job promotion, or forcing you to take leave.
Disclosing your mental health issues to your boss can lead to reasonable accommodations in the workplace, such as a more flexible schedule or workload to help you manage your condition. It can also help break the stigma around mental health in the workplace and encourage others who are struggling to seek support.
Disclosing your mental health issues to your boss may lead to negative consequences such as a change in perception or gossip from colleagues. It may also be used as a scapegoat for poor performance or lead to discrimination, including being passed over for promotions or terminated.
