Examples of Mental Health Discrimination at Work—and What to Do About It

Do you think you may have been discriminated against at work? Read on to see examples of mental health discrimination at work.

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Even though conversations about mental health are becoming more common for the general public, many workplaces have some catching up to do. Despite the fact that one in five adults experiences a mental health condition — meaning that likely every workplace is affected in some way or another — many employers engage in mental health discrimination.

Unfortunately, mental health discrimination, a form of disability discrimination, happens more than you think. Although society has made strides in improving awareness and reducing stigma related to mental health, discrimination still occurs.

Here are some examples of mental health discrimination at work, its impact on well-being, and what you can do about it.

7 examples of mental health discrimination at work

“Mental health discrimination in the workplace is when an employee, contractor, or job applicant is treated unfairly due to their mental health,” says Mike Travisano, an Integrative Group Facilitator at Charlie Health. “This can be related to present or past mental health, and also includes diagnosed mental health issues, as well as those that are perceived.” 

Discrimination can happen directly or indirectly, Travisano explains. Sometimes discrimination is obvious, and at other times, it’s more subtle, embedded within company policies or deeply ingrained in company culture. 

Here are seven ways it can show up:

1. Hiring limitations

Refusing to hire someone because they disclose a mental health condition is a clear-cut example of direct mental health discrimination in the workplace, says Travisano. This might happen if a hiring manager wrongfully assumes a worthy candidate won’t be reliable or “fit in” due to their diagnosis. 

Not to mention, this is a direct violation of the Americans with Disabilities Act (ADA), which protects qualified job applicants from discrimination based on mental health conditions.

Research shows that people with psychiatric disorders are three times more likely to be unemployed, and discrimination could be one of the several contributing factors to this.

2. Limiting promotion opportunities

It’s considered discrimination if a company overlooks qualified employees for promotion due to stereotypes about reliability or competence related to their mental health condition, Travisano says. 

For example, a manager might pass judgment and assume that someone who struggles with depression can’t handle a leadership position, or might think that someone with an anxiety disorder won’t be able to perform important tasks under pressure. Limiting promotion opportunities due to a mental health diagnosis is also a violation of the ADA.

3. Unequal treatment

In some cases, there may be obvious differences between how certain employees are treated. They might treat an employee with a mental health condition as if they aren’t as competent, even if they have continuously shown that they can perform at the same level as their coworkers.

Travisano says examples include the following:

• Giving someone fewer responsibilities
• Giving someone less interesting or meaningful work
• Denying training, development, or growth opportunities
• Holding them to stricter scrutiny than other coworkers

4. Harassment or hostile environment

Beyond formal policies you might find in an employee handbook, discrimination can also show up in everyday interactions and workplace culture, whether from management or peers. Travisano says managers and coworkers might do the following:

• Make jokes, insults, or negative remarks about mental illness or health 
• Being purposely excluded by coworkers or managers
• Creating a culture where mental health is stigmatized

5. Failure to provide reasonable accommodations

Federal law, specifically the ADA, requires employers to provide reasonable accommodations to those who need them. When employers refuse these accommodations, that’s discrimination.

According to Travisano, some examples include:

• Not allowing flexible scheduling
• Not allowing remote work
• Not permitting leave when needed
• Refusing adjustments (such as a quieter workspace or modified workload)
• Punishing absences or medical appointments related to treatment

6. Retaliation linked to diagnoses

“Retaliation includes disciplining, demoting, or terminating an employee after they disclose a condition or request accommodations,” Travisano says. This could look like a manager cutting hours, assigning undesirable shifts, or excluding someone from key projects once they disclose a mental health condition.

7. Indirect discrimination through company policies

There may be certain company policies that disproportionately harm employees with mental health conditions, such as rigid attendance rules or demanding immediate availability expectations, Travisano says. 

For example, requiring employees to be “always on call” can penalize those who need regular therapy appointments or simply need time to tend to their mental health. 

The mental health impacts of mental health discrimination and toxic workplaces

“Workplace culture strongly shapes employees’ mental health by influencing how safe, valued, and supported they feel,” Travisano says. “A culture that promotes respect, openness, and work-life balance can reduce stress and stigma, while a toxic or high-pressure environment can increase anxiety, burnout, and disengagement. In short, culture either protects mental well-being or undermines it.”

Not to mention, facing discrimination at work for a mental health condition (or conditions) can cause your mental well-being to take a further toll — especially if you have other stressors going on. 

“Discrimination and stress shrink our window of tolerance,” says Austin Chason, C-IAYT, a Charlie Health Group Facilitator. “If we’re already carrying a mental or physical condition or family stress, that weighs on our well-being and saps up energy when the work piles up. Without support, energy drains fast, and it becomes hard to even meet the bare minimum.”

What are the signs of a supportive vs. toxic workplace culture?

Working somewhere supportive rather than toxic makes a huge difference, especially if you’re already struggling with your mental health.

“We all know what it feels like to walk into a place where we’re wanted and supported,” Chason says. “There’s a big difference between working on a team that shows up, is ready, eager to collaborate, and trusts their management, and working in a place where it feels like minutes take hours.”

Here are some signs of a toxic workplace, according to Chason: 

• They stack up the work
• There are sudden changes with no communication
• Leadership doesn’t take accountability
• They claim to care about health, but when someone requests support, they create obstacles in the form of bureaucratic procedures

On the other hand, in a positive culture, he says some signs include:

• Open exchange between leadership and employees
• Employee feedback matters
• Requests for accommodations are taken seriously and acted on quickly
• It doesn’t require mental bandwidth when you are at home

Why is it important for employers to address mental health discrimination at work?

“It’s extremely important to address mental health discrimination for both those who are impacted, as well as the organization,” Travisano says. “Ignoring it can be harmful to the person impacted, but it can also negatively affect organizational culture, employee retention, and company performance.”

Not to mention, mental health discrimination is explicitly illegal. This can result in lawsuits and additional costs to the business, Travisano adds. 

What to do if you’ve experienced mental health discrimination at work

If you’ve been a victim of unlawful discrimination at work, do not stay silent. You can contact the Equal Employment Opportunity Commission (EEOC) to help you decide on your next steps. They can also conduct an investigation if you file a complaint against your employer. Make sure you file the charge within 180 days of your employer’s violation of the law. 

It’s important to note that it is illegal for your employer to penalize you in any way for contacting the EEOC or filing a charge against them. 

If you decide to seek help from a lawyer, you’ll want to find an Employment Lawyer or a Disability Discrimination Attorney who specializes in employment discrimination. 

These types of lawyers can also help with instances of:

• Religious discrimination
• Pregnancy discrimination
• Racial discrimination
• Sexual orientation discrimination
• Gender discrimination
• Sexual harassment

If your employer is engaging in one type of discrimination, they might also be engaging in others. An expert in employment law can help you determine this. 

How Charlie Health can help

If you’re struggling with your mental health, Charlie Health can help. Charlie Health’s virtual Intensive Outpatient Program (IOP) provides more than once-weekly mental health treatment for dealing with serious mental health conditions.

We offer cultural and identity-affirming care from providers who understand how discrimination and mental health stigma affect well-being. Our team can help you process your experiences and help you figure out the next steps for taking action against workplace discrimination.

Our expert clinicians incorporate evidence-based therapies into individual counseling, family therapy, and group sessions. We also provide medication management when necessary. With treatment and support, healing is possible — even if your workplace has been an ongoing source of stress or discrimination. Fill out the form below or give us a call to start healing today.