Is it illegal to discriminate against mentally ill people in employment?

Question

alecs: i suspect you are correct.

If there is no specific law (as there is for gender, race at least) then it seems to be perfectly legal to refuse to employ someone for whatever reason an employer chooses.

Answer 1

Not if their dissability prevets them from doing the work properly.

Answer 2

YES

Answer 3

The answer is no, as a matter of fact, companies are allowed to check the physical and mental health of their prospective employees.

If their mental health will be a stumbling block in performing their job, then they are not hired.  The same is also true with physical health.  

My opinion

Alecs

***********

Darius, you are correct,  companies never says that an applicant is not hired due to race, gender, sexual preference, etc.  Oftentimes they will only say that the position is now filled.  Sometimes they will not even inform you what happened to your application.  

I even encountered a foreign company that never hired homosexuals as the owner views this as a psychological problem!  Even if there is a law, how would you prove that you are being descriminated, specially if they just informed you that the position is filled or closed, and they would further inform you that your application is in their active file for future vacancy.

Answer 4

Of course it is!  

Answer 5

i dont think my work discriminates, they all seem potty here.

Answer 6

My personal opinion from my assessment of the Human Rights Act is it's NOT illegal... According to the Human Rights Act, Article 14, Prohibition of discrimination, UNLESS they can perform the duties assigned. E.g. I think it would actually be illegal (knowingly and intentionally putting the public in harms way) to hire someone with certain varieties of tourettes as an armed security guard, or a narcoleptic person as an Ambulance driver.

Article 14:"The enjoyment of the rights and freedoms set forth in this Convention shall be secured without discrimination on any ground such as s*x, race, colour, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or other status."

http://www.opsi.gov.uk/ACTS/acts1998/ukp...

That doesn't mean they can't be sued though...

"He was eligible for 26 weeks of disability benefits. But he was fired, instead, in a case that would lead to an $11,000 settlement."

http://www.mscod.state.mn.us/cd/docs/CDd...

If this is serious, you should contact a lawyer and if you have the time read the entire Human Rights Act as well.

http://www.opsi.gov.uk/ACTS/acts1998/ukp...

I'm merely offering my opinion on the representation of this law and only a lawyer should give you his recommendation as far as what to do. Especially considering that the answer may vary depending on which state you live... Another source for clarity (who would probably ask for more specific information from you regarding the mental illness and the job) is your states Human Rights department... You can find your states Human Rights Department by typing your state name at the end of this search:

http://search.yahoo.com/search?p=%22Depa...

Answer 7

Mental illness counts as a disability and so people with MH problems are covered by the Disability Discrimination Act in employment.

Answer 8

It depends on the job and the illness, obviously....you wouldn't let a paedophile work in a school or a homicidal maniac in a hospital.

Answer 9

no. If they're not capable of performing the job OR simply you dont find them to be the right person for the job. boom, dont hire them.  

Answer 10

yes - equal opportunities forbids it.

Answer 11

who cares discrimination is alive and well !

Answer 12

Discrimination is Illegal!

Doesnt matter if they are mentally ill, Black, white, short, Tall, purple with yellow spots!

Its Illegal!

Answer 13

it is in america.  

Answer 14

Yes, if they are mentally ill yet still capable of doing the job.

If their mental illness makes the job more difficult you have a right to say you don't think they can handle it, but if they can do the job correctly it would be illegal to discriminate.

Answer 15

No, of course you can't, but it also depends if it's discrimination or just nose put out of joint, without details can't tell.