On Monday, October 10, 2022, we celebrated World Mental Health Day to raise awareness of mental health issues worldwide and mobilize efforts to support mental health. Stigma and discrimination continue to be barriers to social inclusion and access to proper care; however, we can all play our part in increasing awareness. The holiday is a step towards making mental health and well-being for all a global priority.
At Freedman Law, LLC, we help individuals against discrimination in the workplace, including those with physical and mental disabilities. The Americans with Disabilities Act (ADA) prohibits discrimination against individuals with disabilities in the workplace.
Critically, in 2008 the ADA was amended with the Americans with Disabilities Act Amendments Act (ADAAA), which changed the definition of the term “disability.” The ADAAAA significantly broadened the definition of a disability to make it easier for an individual seeking protection under the ADA to establish that he or she has a disability within the meaning of the statute. The new law made it clear that the definition of disability would be construed as broadly as possible to include anything that substantially limits one or more major life activities, a record (or past history) of such an impairment, or even being regarded as having a disability. In terms of mental health, this often means that mental impairments such as diagnosed depression and anxiety disorders may be protected disabilities. A recent landmark 4th Circuit case ruling in Williams v Kincaid also found that gender dysphoria is covered by the ADA, a holding that is more inclusive towards those who are discriminated against based on their gender identity.
Please contact our firm for assistance if you are a worker who has experienced disability discrimination. Freedman Law, LLC represents employees who have been discriminated against or wrongfully terminated in the workplace.