Mental health awareness has significantly increased in recent years, prompting changes in how workplaces handle employees with mental health conditions. Despite the progress, questions remain about whether an employer can fire someone for having a mental health condition. What legal protections are in place for employees in Vermont? We shed light on how employers are expected to handle such situations and the laws.
For legal help, contact an experienced Vermont employment law attorney from Brandon J. Broderick, Attorney at Law to schedule a free consultation.
Understanding Mental Health Discrimination in Employment
Discrimination based on mental health is prohibited under several federal and state laws. In Vermont, employees who suffer from mental health conditions are protected under the Americans with Disabilities Act (ADA) and the Vermont Fair Employment Practices Act (FEPA). Both laws aim to prevent discrimination and ensure equal opportunities in the workplace.
Employers are prohibited from making employment decisions—such as hiring, firing, or promotions—based solely on an employee’s mental health condition. These laws also require employers to provide reasonable accommodations for workers with disabilities, including mental health disorders, so they can perform their job duties effectively.
Legal Protections Under the ADA and VFEPA
Discrimination is Illegal
Employers cannot terminate or take adverse employment actions against an employee solely because they have a mental health condition. This includes depression, anxiety, PTSD, bipolar disorder, and other clinically recognized conditions.
Reasonable Accommodations Must Be Made
If an employee’s mental health condition qualifies as a disability, the employer must engage in an interactive process to determine reasonable accommodations. Examples of accommodations include flexible work schedules, changes to the work environment, or providing time off for therapy sessions.
Confidentiality is Mandatory
Employers are required to keep an employee’s medical information, including mental health diagnoses, confidential. Disclosure of such information without consent is a violation of both federal and state laws.
Can You Be Fired If You Cannot Perform Essential Job Functions?
While employers cannot fire an employee solely for having a mental health condition, they are not obligated to retain employees who are unable to perform the essential functions of their job, even with reasonable accommodations. For instance, if an employee’s mental health condition prevents them from meeting job requirements despite accommodations, the employer may have grounds for termination. However, this decision must be supported by documented evidence and conducted without discrimination.
The Role of Reasonable Accommodations
Reasonable accommodations are a cornerstone of workplace protections for individuals with mental health conditions. In Vermont, employers are encouraged to work collaboratively with employees to identify solutions that enable them to succeed in their roles. Examples of reasonable accommodations include:
- Adjusting work hours to accommodate therapy appointments
- Providing a quiet workspace to minimize stress
- Allowing remote work for employees experiencing severe anxiety
Employers are only exempt from providing accommodations if they can demonstrate that doing so would cause undue hardship to their business operations, such as significant financial or logistical burdens.
What Steps Should You Take If You Experience Discrimination?
Document the Incident
Keep detailed records of any discriminatory behavior or wrongful termination. Include dates, times, and the names of individuals involved.
File a Complaint
You can file a complaint with the Vermont Human Rights Commission or the Equal Employment Opportunity Commission (EEOC). These agencies investigate claims of workplace discrimination.
Consult an Attorney
A legal professional experienced in employment law can guide you through the process and help you understand your rights under Vermont and federal law.
Vermont’s Commitment to Mental Health Equity
Vermont has long been a leader in mental health awareness and advocacy. State programs and initiatives aim to reduce stigma and ensure that individuals with mental health conditions receive fair treatment, both in and out of the workplace. Employers in Vermont are encouraged to foster inclusive environments that prioritize the well-being of all employees, regardless of mental health status.
How a Mental Health Condition Could Affect Employment
While mental health conditions should not lead to discrimination, they can complicate employment situations if not addressed proactively. It’s essential to communicate openly with your employer about your needs and to be aware of your legal rights.
Call Brandon J. Broderick For Legal Help
Navigating Vermont employment law claims can be challenging. Fortunately, you don't need to do it alone. The experienced employment law lawyers at Brandon J. Broderick, Attorney at Law, are available 24/7 to help you understand your legal options, gather necessary evidence, and build a strong case to secure the settlement you deserve.
Contact us now for a free legal review.