Work & Depression US

The laws in US include the Americans with Disability Act (ADA) the law is not specific to include depression or indeed any condition within it, but it does state that ‘a disability is defined as a person who has a physical or mental impairment that substantially limits one or more life activities’.

Should you fall into this category your employer must make ‘reasonable accommodation’ under the act. If you feel you have been discriminated against, you have 180 days to file your complaint with the US Department of Justice, Civil Rights Division. For more information see www.eeoc.gov/facts/qanda.html.

The act does not specify the conditions that are covered by the act, as it is just not a simple as that. Whether you have a disability is judged not by the nature of the illness, but by the effect it has and the length of time the effects are likely to be felt. The three factors considered are:

1. Its nature and severity;

2. How long it will last or is expected to last;

3. Its permanent or long term impact, or expected impact

For example 2 people break their legs. The 1st is likely to recover in 6-8 weeks and although they will have significant mobility problems during that 6-8 weeks, they are not deemed to have a disability. The 2nd person however has suffered from a severe break and is unlikely to be able to walk unaided for the foreseeable future, would be covered by the act.

In relation to conditions of Mental Health a mental inpairment needs to have been diagnosed by a Psychiatrist as a Psychological disorder as emotional or mental illness.

In a nut shell, if you are unsure whether your depression is covered, check with a medical professional. It is not a given that by being diagnosed with depression you are automatically covered.

Why is it important?

It just provides you with extra protection. It means that if your employer fails to help you manage the condition or if you are treated unfairly as a result of the condition, you have some legal redress.

You should know also, that if the severity of your condition is only mild and is therefore not covered by the act, but your employer deems it necessary to treat you differently anyway, you are covered by the act. This is because you are being treated as if you have a disability when in fact you don’t.

Useful link www.nimh.nih.gov