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EEOC Explains Workplace Rights for Employees with Mental Health Conditions

Employers should familiarize themselves with the resource document released by the Equal Employment Opportunity Commission (EEOC) last year. “Depression, PTSD and Other Mental Health Conditions in the Workplace: Your Legal Rights” clarifies important issues under the Americans with Disabilities Act (ADA). Included is information on firing an employee for having a mental health condition – the EEOC says no, but employers are not required to hire or retain people in jobs they cannot perform. Privacy concerns also are included. The EEOC states that an employee may withhold mental health information in most situations. And accommodations related to mental illness, which are shared in detail, may be required of employers.

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