EMPLOYMENT SUPPORTS

A Toolkit for Job Seekers with Disabilities

UNIVERSITY OF NORTH TEXAS DENTON, TX

EMPLOYMENT SUPPORTS

A TOOLKIT FOR JOB SEEKERS WITH DISABILITIES

Compiled by Robert T ownley & Cindy Herzog

Department of Disability & Addiction Rehabilitation University of North Texas 1155 Union Circle #311456 Denton, TX 76203-5017

T able of Contents
Facts About the Americans with Disabilities Act ....................... 1 The ADA: Your Employment Rights as an Individiual With a Disability........................................................................ 4 Disability Discrimination in the Workplace .............................. 11 Do's and Don'ts of Disclosure................................................. 15 To Disclose or Not to Disclose? ............................................. 19 Disclosure and Accommodations 101 .................................... 22 Job Accommodations for People with Mental Health Impairments ........................................................................... 26 Employment Advice for People with Psychiatric Disabilities ... 33 What You Can Ask and What You Can't-Legal/Illegal Interview Questions ............................................................................... 39

The U.S. Equal Employment Opportunity Commission

Facts About the Americans with Disabilities Act

Title I of the Americans with Disabilities Act of 1990 prohibits private employers, state and local governments, employment agencies and labor unions from discriminating against qualified individuals with disabilities in job application procedures, hiring, firing, advancement, compensation, job training, and other terms, conditions, and privileges of employment. The ADA covers employers with 15 or more employees, including state and local governments. It also applies to employment agencies and to labor organizations. The ADAs nondiscrimination standards also apply to federal sector employees under section 501 of the Rehabilitation Act, as amended, and its implementing rules. An individual with a disability is a person who:

Has a physical or mental impairment that substantially limits one or more major life activities; Has a record of such an impairment; or Is regarded as having such an impairment.

A qualified employee or applicant with a disability is an individual who, with or without reasonable accommodation, can perform the essential functions of the job in question. Reasonable accommodation may include, but is not limited to:

Making existing facilities used by employees readily accessible to and usable by persons with disabilities. Job restructuring, modifying work schedules, reassignment to a vacant position; Acquiring or modifying equipment or devices, adjusting or modifying examinations, training materials, or policies, and providing qualified readers or interpreters.

An employer is required to make a reasonable accommodation to the known disability of a qualified applicant or employee if it would not impose an undue hardship on the operation of the employers business. Reasonable accommodations are adjustments or modifications provided by an employer to enable people with disabilities to enjoy equal employment opportunities. Accommodations vary depending upon the needs of the individual applicant or employee. Not all people with disabilities (or even all people with the same disability) will require the same accommodation. For example:

A deaf applicant may need a sign language interpreter during the job interview. An employee with diabetes may need regularly scheduled breaks during the workday to eat properly and monitor blood sugar and insulin levels. A blind employee may need someone to read information posted on a bulletin board.

An employee with cancer may need leave to have radiation or chemotherapy treatments.

An employer does not have to provide a reasonable accommodation if it imposes an undue hardship. Undue hardship is defined as an action requiring significant difficulty or expense when considered in light of factors such as an employers size, financial resources, and the nature and structure of its operation. An employer is not required to lower quality or production standards to make an accommodation; nor is an employer obligated to provide personal use items such as glasses or hearing aids. An employer generally does not have to provide a reasonable accommodation unless an individual with a disability has asked for one. if an employer believes that a medical condition is causing a performance or conduct problem, it may ask the employee how to solve the problem and if the employee needs a reasonable accommodation. Once a reasonable accommodation is requested, the employer and the individual should discuss the individual's needs and identify the appropriate reasonable accommodation. Where more than one accommodation would work, the employer may choose the one that is less costly or that is easier to provide. Title I of the ADA also covers:

Medical Examinations and Inquiries Employers may not ask job applicants about the existence, nature, or severity of a disability. Applicants may be asked about their ability to perform specific job functions. A job offer may be conditioned on the results of a medical examination, but only if the examination is required for all entering employees in similar jobs. Medical examinations of employees must be job related and consistent with the employers business needs. Medical records are confidential. The basic rule is that with limited exceptions, employers must keep confidential any medical information they learn about an applicant or employee. Information can be confidential even if it contains no medical diagnosis or treatment course and even if it is not generated by a health care professional. For example, an employees request for a reasonable accommodation would be considered medical information subject to the ADAs confidentiality requirements. Drug and Alcohol Abuse Employees and applicants currently engaging in the illegal use of drugs are not covered by the ADA when an employer acts on the basis of such use. Tests for illegal drugs are not subject to the ADAs restrictions on medical examinations. Employers may hold illegal drug users and alcoholics to the same performance standards as other employees.

It is also unlawful to retaliate against an individual for opposing employment practices that discriminate based on disability or for filing a discrimination charge, testifying, or participating in any way in an investigation, proceeding, or litigation under the ADA. Federal Tax Incentives to Encourage the Employment of People with Disabilities and to Promote the Accessibility of Public Accommodations

The Internal Revenue Code includes several provisions aimed at making businesses more accessible to people with disabilities. The following provides general non-legal information about three of the most significant tax incentives. (Employers should check with their accountants or tax advisors to determine eligibility for these incentives or visit the Internal Revenue Service's website, www.irs.gov, for more information. Similar state and local tax incentives may be available.)

Small Business Tax Credit (Internal Revenue Code Section 44: Disabled Access Credit) Small businesses with either $1,000,000 or less in revenue or 30 or fewer full-time employees may take a tax credit of up to $5,000 annually for the cost of providing reasonable accommodations such as sign language interpreters, readers, materials in alternative format (such as Braille or large print), the purchase of adaptive equipment, the modification of existing equipment, or the removal of architectural barriers. Work Opportunity Tax Credit (Internal Revenue Code Section 51) Employers who hire certain targeted low-income groups, including individuals referred from vocational rehabilitation agencies and individuals receiving Supplemental Security Income (SSI) may be eligible for an annual tax credit of up to $2,400 for each qualifying employee who works at least 400 hours during the tax year. Additionally, a maximum credit of $1,200 may be available for each qualifying summer youth employee. Architectural/Transportation Tax Deduction (Internal Revenue Code Section 190 Barrier Removal): This annual deduction of up to $15,000 is available to businesses of any size for the costs of removing barriers for people with disabilities, including the following: providing accessible parking spaces, ramps, and curb cuts; providing wheelchair-accessible telephones, water fountains, and restrooms; making walkways at least 48 inches wide; and making entrances accessible.

The U.S. Equal Employment Opportunity Commission

The ADA: Your Employment Rights as an Individual With a Disability

Notice Concerning The Americans With Disabilities Act Amendments Act Of 2008
The Americans with Disabilities Act (ADA) Amendments Act of 2008 was signed into law on September 25, 2008 and becomes effective January 1, 2009. Because this law makes several significant changes, including changes to the definition of the term "disability," the EEOC will be evaluating the impact of these changes on this document and other publications. See the list of specific changes to the ADA made by the ADA Amendments Act. The Americans with Disabilities Act of 1990 (ADA) makes it unlawful to discriminate in employment against a qualified individual with a disability. The ADA also outlaws discrimination against individuals with disabilities in State and local government services, public accommodations, transportation and telecommunications. This booklet explains the part of the ADA that prohibits job discrimination. This part of the law is enforced by the U.S. Equal Employment Opportunity Commission and State and local civil rights enforcement agencies that work with the Commission.

What Employers Are Covered by the ADA?

Job discrimination against people with disabilities is illegal if practiced by:

private employers, state and local governments, employment agencies, labor organizations, and labor-management committees.

The part of the ADA enforced by the EEOC outlaws job discrimination by:

all employers, including State and local government employers, with 25 or more employees after July 26, 1992, and all employers, including State and local government employers, with 15 or more employees after July 26, 1994.

Another part of the ADA, enforced by the U.S. Department of Justice, prohibits discrimination in State and local government programs and activities, including discrimination by all State and local governments, regardless of the number of employees, after January 26, 1992. Because the ADA establishes overlapping responsibilities in both EEOC and DOJ for employment by State and local governments, the Federal enforcement effort is coordinated by EEOC and DOJ to avoid duplication in investigative and enforcement activities. In addition, since some private and governmental employers are already covered by nondiscrimination and affirmative action requirements under the Rehabilitation Act of 1973, EEOC, DOJ, and the Department of Labor similarly coordinate the enforcement effort under the ADA and the Rehabilitation Act.

Are You Protected by The ADA?

If you have a disability and are qualified to do a job, the ADA protects you from job discrimination on the basis of your disability. Under the ADA, you have a disability if you have a physical or mental impairment that substantially limits a major life activity. The ADA also protects you if you have a history of such a disability, or if an employer believes that you have such a disability, even if you don't. To be protected under the ADA, you must have, have a record of, or be regarded as having a substantial, as opposed to a minor, impairment. A substantial impairment is one that significantly limits or restricts a major life activity such as hearing, seeing, speaking, walking, breathing, performing manual tasks, caring for oneself, learning or working. If you have a disability, you must also be qualified to perform the essential functions or duties of a job, with or without reasonable accommodation, in order to be protected from job discrimination by the ADA. This means two things. First, you must satisfy the employer's requirements for the job, such as education, employment experience, skills or licenses. Second, you must be able to perform the essential functions of the job with or without reasonable accommodation. Essential functions are the fundamental job duties that you must be able to perform on your own or with the help of a reasonable accommodation. An employer cannot refuse to hire you because your disability prevents you from performing duties that are not essential to the job.

What is Reasonable Accommodation?

Reasonable accommodation is any change or adjustment to a job or work environment that permits a qualified applicant or employee with a disability to participate in the job application process, to perform the essential functions of a job, or to enjoy benefits and privileges of

employment equal to those enjoyed by employees without disabilities. For example, reasonable accommodation may include:

providing or modifying equipment or devices, job restructuring, part-time or modified work schedules, reassignment to a vacant position, adjusting or modifying examinations, training materials, or policies, providing readers and interpreters, and making the workplace readily accessible to and usable by people with disabilities.

An employer is required to provide a reasonable accommodation to a qualified applicant or employee with a disability unless the employer can show that the accommodation would be an undue hardship -- that is, that it would require significant difficulty or expense.

What Employment Practices are Covered?

The ADA makes it unlawful to discriminate in all employment

practices such as: recruitment firing hiring training job assignments promotions pay benefits lay off leave all other employment related activities.

It is also unlawful for an employer to retaliate against you for asserting your rights under the ADA. The Act also protects you if you are a victim of discrimination because of your family, business, social or other relationship or association with an individual with a disability.

Can an Employer Require Medical Examinations or Ask Questions About a Disability?

If you are applying for a job, an employer cannot ask you if you are disabled or ask about the nature or severity of your disability. An employer can ask if you can perform the duties of the

job with or without reasonable accommodation. An employer can also ask you to describe or to demonstrate how, with or without reasonable accommodation, you will perform the duties of the job. An employer cannot require you to take a medical examination before you are offered a job. Following a job offer, an employer can condition the offer on your passing a required medical examination, but only if all entering employees for that job category have to take the examination. However, an employer cannot reject you because of information about your disability revealed by the medical examination, unless the reasons for rejection are job-related and necessary for the conduct of the employer's business. The employer cannot refuse to hire you because of your disability if you can perform the essential functions of the job with an accommodation. Once you have been hired and started work, your employer cannot require that you take a medical examination or ask questions about your disability unless they are related to your job and necessary for the conduct of your employer's business. Your employer may conduct voluntary medical examinations that are part of an employee health program, and may provide medical information required by State workers' compensation laws to the agencies that administer such laws. The results of all medical examinations must be kept confidential, and maintained in separate medical files.

Do Individuals Who Use Drugs Illegally Have Rights Under the ADA?
Anyone who is currently using drugs illegally is not protected by the ADA and may be denied employment or fired on the basis of such use. The ADA does not prevent employers from testing applicants or employees for current illegal drug use.

What Do I Do If I Think That I'm Being Discriminated Against?

If you think you have been discriminated against in employment on the basis of disability after July 26, 1992, you should contact the U.S. Equal Employment Opportunity Commission. A charge of discrimination generally must be filed within 180 days of the alleged discrimination. You may have up to 300 days to file a charge if there is a State or local law that provides relief for discrimination on the basis of disability. However, to protect your rights, it is best to contact EEOC promptly if discrimination is suspected.

You may file a charge of discrimination on the basis of disability by contacting any EEOC field office, located in cities throughout the United States. If you have been discriminated against, you are entitled to a remedy that will place you in the position you would have been in if the discrimination had never occurred. You may be entitled to hiring, promotion, reinstatement, back pay, or reasonable accommodation, including reassignment. You may also be entitled to attorneys fees. While the EEOC can only process ADA charges based on actions occurring on or after July 26, 1992, you may already be protected by State or local laws or by other current federal laws. EEOC field offices can refer you to the agencies that enforce those laws. To contact the EEOC, look in your telephone directory under "U.S. Government." For information and instructions on reaching your local office, call:

(800) 669-4000 (Voice) (800) 669-6820 (TDD) (In the Washington, D.C. 202 Area Code, call 202-663-4900 (voice) or 202-663-4494 (TDD).)

Can I Get Additional ADA Information and Assistance?

The EEOC conducts an active technical assistance program to promote voluntary compliance with the ADA. This program is designed to help people with disabilities understand their rights and to help employers understand their responsibilities under the law. In January 1992, EEOC published a Technical Assistance Manual, providing practical application of legal requirements to specific employment activities, with a directory of resources to aid compliance. EEOC publishes other educational materials, provides training on the law for people with disabilities and for employers, and participates in meetings and training programs of other organizations. EEOC staff also will respond to individual requests for information and assistance. The Commission's technical assistance program is separate and distinct from its enforcement responsibilities. Employers who seek information or assistance from the Commission will not be subject to any enforcement action because of such inquiries. The Commission also recognizes that differences and disputes about ADA requirements may arise between employers and people with disabilities as a result of misunderstandings. Such disputes frequently can be resolved more effectively through informal negotiation or mediation procedures, rather than through the formal enforcement process of the ADA. Accordingly, EEOC will encourage efforts of employers and individuals with disabilities to settle such differences through alternative methods of dispute resolution, providing that such efforts do not deprive any individual of legal rights provided by the statute.

More Questions and Answers About the ADA

Q. Is an employer required to provide reasonable accommodation when I apply for a job? A. Yes. Applicants, as well as employees, are entitled to reasonable accommodation. For example, an employer may be required to provide a sign language interpreter during a job interview for an applicant who is deaf or hearing impaired, unless to do so would impose an undue hardship. Q. Should I tell my employer that I have a disability? A. If you think you will need a reasonable accommodation in order to participate in the application process or to perform essential job functions, you should inform the employer that an accommodation will be needed. Employers are required to provide reasonable accommodation only for the physical or mental limitations of a qualified individual with a disability of which they are aware. Generally, it is the responsibility of the employee to inform the employer that an accommodation is needed. Q. Do I have to pay for a needed reasonable accommodation? A. No. The ADA requires that the employer provide the accommodation unless to do so would impose an undue hardship on the operation of the employer's business. If the cost of providing the needed accommodation would be an undue hardship, the employee must be given the choice of providing the accommodation or paying for the portion of the accommodation that causes the undue hardship. Q. Can an employer lower my salary or pay me less than other employees doing the same job because I need a reasonable accommodation? A. No. An employer cannot make up the cost of providing a reasonable accommodation by lowering your salary or paying you less than other employees in similar positions. Q. Does an employer have to make non-work areas used by employees, such as cafeterias, lounges, or employer-provided transportation accessible to people with disabilities? A. Yes. The requirement to provide reasonable accommodation covers all services, programs, and non-work facilities provided by the employer. If making an existing facility accessible would be an undue hardship, the employer must provide a comparable facility that will enable a person with a disability to enjoy benefits and privileges of employment similar to those enjoyed by other employees, unless to do so would be an undue hardship. Q. If an employer has several qualified applicants for a job, is the employer required to select a qualified applicant with a disability over other applicants without a disability? A. No. The ADA does not require that an employer hire an applicant with a disability over other applicants because the person has a disability. The ADA only prohibits discrimination on the

basis of disability. It makes it unlawful to refuse to hire a qualified applicant with a disability because he is disabled or because a reasonable accommodation is required to make it possible for this person to perform essential job functions. Q. Can an employer refuse to hire me because he believes that it would be unsafe, because of my disability, for me to work with certain machinery required to perform the essential functions of the job? A. The ADA permits an employer to refuse to hire an individual if she poses a direct threat to the health or safety of herself or others. A direct threat means a significant risk of substantial harm. The determination that there is a direct threat must be based on objective, factual evidence regarding an individual's present ability to perform essential functions of a job. An employer cannot refuse to hire you because of a slightly increased risk or because of fears that there might be a significant risk sometime in the future. The employer must also consider whether a risk can be eliminated or reduced to an acceptable level with a reasonable accommodation. Q. Can an employer offer a health insurance policy that excludes coverage for pre-existing conditions? A. Yes. The ADA does not affect pre-existing condition clauses contained in health insurance policies even though such clauses may adversely affect employees with disabilities more than other employees. Q. If the health insurance offered by my employer does not cover all of the medical expenses related to my disability, does the company have to obtain additional coverage for me? A. No. The ADA only requires that an employer provide employees with disabilities equal access to whatever health insurance coverage is offered to other employees. Q. I think I was discriminated against because my wife is disabled. Can I file a charge with the EEOC? A. Yes. The ADA makes it unlawful to discriminate against an individual, whether disabled or not, because of a relationship or association with an individual with a known disability. Q. Are people with AIDS covered by the ADA? A. Yes. The legislative history indicates that Congress intended the ADA to protect persons with AIDS and HIV disease from discrimination.

For more specific information about ADA requirements affecting employment contact:

Equal Employment Opportunity Commission P.O. Box 7033 Lawrence, Kansas 66044 (800) 669-4000 (Voice), (800) 669-6820 (TDD) For more specific information about ADA requirements affecting public accommodations and State and local government services contact: Department of Justice Office on the Americans with Disabilities Act Civil Rights Division P.O. Box 66118 Washington, DC 20035-6118 (202) 514-0301 (Voice) (202) 514-0381 (TDD) (202) 514-0383 (TDD) For more specific information about requirements for accessible design in new construction and alterations contact: Architectural and Transportation Barriers Compliance Board 1111 18th Street, NW Suite 501 Washington, DC 20036 800-USA-ABLE 800-USA-ABLE (TDD) For more specific information about ADA requirements affecting transportation contact: Department of Transportation 400 Seventh Street, SW Washington, DC 20590 (202) 366-9305 (202) 755-7687 (TDD) For more specific information about ADA requirements for telecommunications contact: Federal Communications Commission 1919 M Street, NW Washington, DC 20554 (202) 634-1837 (202) 632-1836 (TDD)

You may obtain this booklet in alternate formats, upon request by dialing 800-669-3362 or 800800-3302.

.S. Equal Employment Opportunity Commission

Employer Coverage 15 or more employees Time Limits 180 days to file a charge (may be extended by state laws) Federal employees have 45 days to contact an EEO counselor.

Disability Discrimination
Disability discrimination occurs when an employer or other entity covered by the Americans with Disabilities Act, as amended, or the Rehabilitation Act, as amended, treats a qualified individual with a disability who is an employee or applicant unfavorably because she has a disability. Disability discrimination also occurs when a covered employer or other entity treats an applicant or employee less favorably because she has a history of a disability (such as cancer that is controlled or in remission) or because she is believed to have a physical or mental impairment that is not transitory (lasting or expected to last six months or less) and minor (even if she does not have such an impairment). The law requires an employer to provide reasonable accommodation to an employee or job applicant with a disability, unless doing so would cause significant difficulty or expense for the employer ("undue hardship"). The law also protects people from discrimination based on their relationship with a person with a disability (even if they do not themselves have a disability). For example, it is illegal to discriminate against an employee because her husband has a disability. Note: Federal employees and applicants are covered by the Rehabilitation Act of 1973, instead of the Americans with Disabilities Act. The protections are mostly the same.

Disability Discrimination & Work Situations

The law forbids discrimination when it comes to any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoff, training, fringe benefits, and any other term or condition of employment.

Disability Discrimination & Harassment

It is illegal to harass an applicant or employee because he has a disability, had a disability in the past, or is believed to have a physical or mental impairment that is not transitory (lasting or expected to last six months or less) and minor (even if he does not have such an impairment). Harassment can include, for example, offensive remarks about a person's disability. Although the law doesn't prohibit simple teasing, offhand comments, or isolated incidents that aren't very serious, harassment is illegal when it is so frequent or severe that it creates a hostile or offensive work environment or when it results in an adverse employment decision (such as the victim being fired or demoted). The harasser can be the victim's supervisor, a supervisor in another area, a co-worker, or someone who is not an employee of the employer, such as a client or customer.

Disability Discrimination & Reasonable Accommodation

The law requires an employer to provide reasonable accommodation to an employee or job applicant with a disability, unless doing so would cause significant difficulty or expense for the employer. A reasonable accommodation is any change in the work environment (or in the way things are usually done) to help a person with a disability apply for a job, perform the duties of a job, or enjoy the benefits and privileges of employment. Reasonable accommodation might include, for example, making the workplace accessible for wheelchair users or providing a reader or interpreter for someone who is blind or hearing impaired. While the federal anti-discrimination laws don't require an employer to accommodate an employee who must care for a disabled family member, the Family and Medical Leave Act (FMLA) may require an employer to take such steps. The Department of Labor enforces the FMLA. For more information, call: 1-866-487-9243.

Disability Discrimination & Reasonable Accommodation & Undue Hardship

An employer doesn't have to provide an accommodation if doing so would cause undue hardship to the employer. Undue hardship means that the accommodation would be too difficult or too expensive to provide, in light of the employer's size, financial resources, and the needs of the business. An employer may not refuse to provide an accommodation just because it involves some cost. An employer does not have to provide the exact accommodation the employee or job applicant wants. If more than one accommodation works, the employer may choose which one to provide.

Definition Of Disability
Not everyone with a medical condition is protected by the law. In order to be protected, a person must be qualified for the job and have a disability as defined by the law. A person can show that he or she has a disability in one of three ways:

A person may be disabled if he or she has a physical or mental condition that substantially limits a major life activity (such as walking, talking, seeing, hearing, or learning). A person may be disabled if he or she has a history of a disability (such as cancer that is in remission). A person may be disabled if he is believed to have a physical or mental impairment that is not transitory (lasting or expected to last six months or less) and minor (even if he does not have such an impairment).

Disability & Medical Exams During Employment Application & Interview Stage
The law places strict limits on employers when it comes to asking job applicants to answer medical questions, take a medical exam, or identify a disability. For example, an employer may not ask a job applicant to answer medical questions or take a medical exam before extending a job offer. An employer also may not ask job applicants if they have a disability (or about the nature of an obvious disability). An employer may ask job applicants whether they can perform the job and how they would perform the job, with or without a reasonable accommodation.

Disability & Medical Exams After A Job Offer For Employment

After a job is offered to an applicant, the law allows an employer to condition the job offer on the applicant answering certain medical questions or successfully passing a medical exam, but only if all new employees in the same type of job have to answer the questions or take the exam.

Disability & Medical Exams For Persons Who Have Started Working As Employees
Once a person is hired and has started work, an employer generally can only ask medical questions or require a medical exam if the employer needs medical documentation to support an employee's request for an accommodation or if the employer believes that an employee is not able to perform a job successfully or safely because of a medical condition. The law also requires that employers keep all medical records and information confidential and in separate medical files.

JANS EAP SERIES

This document was developed by the Job Accommodation Network (JAN). Preparation of this item was funded by the Office of Disability Employment Policy, U.S. Department of Labor, Grant Number OD-23442-12-75-4-54. This document does not necessarily reflect the views or policies of the Office of Disability Employment Policy, U.S. Department of Labor, nor does the mention of trade names, commercial products, or organizations imply endorsement by the U.S. Government. DOS AND DON'TS OF DISCLOSURE Disclosing a disability may be a consideration when starting a new job; transitioning from school, another job, or unemployment; or retaining a job after acquiring a disability. For individuals who may still be struggling with accepting their medical condition, making the decision to disclose can be overwhelming. Because some impairments are not visible, individuals may face such challenges as understanding their impairments and determining what types of accommodations are available. As with any new experience, preparation is vital. The following provides an overview of the dos and don'ts of disclosure. Note that disclosing is a very personal decision, but some of the following tips may be helpful in making that decision. Contact JAN for additional information related to job accommodations, the Americans with Disabilities Act (ADA), and other resources. Do disclose when you need an accommodation: Deciding when to disclose can be a difficult choice for a person with a disability. If you have a hidden disability such as brain injury or post traumatic stress disorder, knowing when to disclose your condition can be a real dilemma. Under the ADA you can request an accommodation at any time during the application process or while you are employed. You can request an accommodation even if you did not ask for one when applying for a job or after receiving a job offer. So when should you disclose that you have disability? In general, you should disclose your disability when you need to request a reasonable accommodation - when you know that there is a workplace barrier that is preventing you, due to a disability, from competing for a job, performing a job, or gaining equal access to a benefit of employment like an employee lunch room or employee parking. Do know who to disclose to: This can be tricky. Many employers have their own in house procedures that detail how they handle accommodation requests. Check your employee handbook or your companys intranet for this information. Also, if you have an EEO office or a human resources department, they can assist you. The other option is to talk to your manager or supervisor directly.

Do know how to disclose: According to the Equal Employment Opportunity Commission (EEOC), you only have to let your employer know that you need an adjustment or change at work for a reason related to a medical condition. You can use "plain English" to make your request and you do not have to mention the ADA or use the phrase "reasonable accommodation." Once you disclose, then the interactive process should begin. At this point, your employer can ask for limited information about your disability and your need for accommodations. Dont disclose too soon: Many people with hidden disabilities may feel that they are not being completely honest with an employer if they do not tell everything about their disability up front at the time of their interview. Just remember that you are not obligated to do so. When you disclose, just provide basic information about your condition, your limitations, and what accommodations you may need. Dont disclose too late: Dont wait to disclose until after you begin to experience work performance problems. It is better to disclose your disability and request accommodations before job performance suffers or conduct problems occur. Employers do not have to rescind discipline that occurred before they knew about the disability nor do they have to lower performance standards as a reasonable accommodation. Remember, the purpose of an accommodation is to enable a qualified person with a disability to perform the essential functions of the job. So, disclose when you first realize you are having difficulties. Dont disclose to everyone: Remember that you have a right to keep information about your disability private. It is not necessary to inform coworkers and colleagues about your disability or your need for accommodations. While they may be aware of the accommodations, especially if you are allowed to take extra breaks or you have a flexible starting time, they are not entitled to know why. Your employer is required by the ADA to keep your disability and medical information confidential and to give it to managers and supervisors only on a need-toknow basis. MOST IMPORTANTLY, DO YOUR HOMEWORK: No one knows more about your disability then you do so tell your employer what you think you need, but also research other accommodations options such as a flexible start time or working from home part of the time. For additional information on the types of accommodations you could ask for, see: http://AskJAN.org/media/atoz.htm For additional information on requesting accommodations see, Employees' Practical Guide to Negotiating and Requesting Reasonable Accommodations Under the Americans with Disabilities Act (ADA) at http://AskJAN.org/EeGuide/

To Disclose or Not To Disclose?

Disclosure is not a black and white choice. Mental illness is a complex experience. People need to decide which parts of this experience to disclose, states the opening page of a chapter titled To Disclose or Not To Disclose in the book, Dont Call Me Nuts!: Coping With the Stigma of Mental Illness, by Patrick Corrigan, Psy.D., and Robert Lundin (2001). Some benefits of disclosure include:
Not having to worry about hiding experiences with mental illness and being more open about day-to-day affairs Finding others who express approval, including those with similar experiences Finding someone who can provide assistance in the future Promoting a sense of personal power and acting as living testimony against stigma and discrimination.

Some costs discussed include:

Encountering disapproval of your mental illness or your disclosure, including the risks of social ostracism and gossip Being discriminated against in employment, housing, and other opportunities Having increased anxiety due to perceptions that people are thinking about you or pitying you Thinking that future relapses may be more stressful because others will be watching Experiencing anger from family members and others because you selfdisclosed.

Self-Disclosure in Employment
A strategic analysis is important for a person receiving mental health services when making a disclosure decision, states Susan Goldberg in her presentation, Experiences of People With Psychiatric Disabilities Around Employment

Disclosure and the ADA: Research Findings and Their Implications. She suggests that three kinds of considerations may be useful in the strategic analysis:

A. Personal Considerations
How well you feel you can handle prejudice and discrimination Prior experience or discrimination that you or colleagues experienced Your sense of self Your employment history How well you feel you can handle maintaining a secretand sometimes having to lie to do so Sense of disability pride or identity Other identity issuesincluding race, gender, culture, and age. B.

Considerations Involving a Potential or Actual Employer

Type of business (e.g., whether prejudice is more or less likely) Size of employer (e.g., large company vs. small mom and pop business) Whether there are other persons with disabilities employed there Whether it appears the employer has adequately accommodated persons with other disabilities Whether staff or supervisors make positive or negative comments about people with disabilities, including those with psychiatric disabilities How competitive the employment position is How competitive the profession is (e.g., stockbroker) How much expertise you bring to a particular job (e.g., if you are the only person in the metropolitan area who has this particular skill) Whether the particular accommodation request will be seen as problematic or as matter-of-fact (e.g., request for part-time hours may not be problematic since many employees work part-time) Whether staff and supervisors seem to be friendly to one another and to you.

C. Societal Issues At the time you are considering disclosure:

Has there been anything in the news or the media that might result in a period of increased prejudice? Has there been anything in the news or arts that might result in a period of decreased prejudice, for example, the movie A Beautiful Mind or a famous person disclosing a psychiatric disability (Goldberg, Killeen, and ODay, 2005)? Information from the 2008 report: Self-disclosure and its Impact on Individuals Who Receive Mental Health Services from the U.S. Department of Health and Human Services: Substance Abuse and Mental Health Services Administration: Center for Mental Health Services www.samhsa.gov http://www.samhsa.gov/samhsanewsletter/Volume_16_Number_5/SelfDisclosure.aspx

Disclosure and Accommodations 101

What is disclosure? Disclosure is sharing information about your disability with others. For tonight, we are mostly talking about disclosure within the work place, but this information can also be used in your daily communication with others- such as family, friends, people in the community What are accommodations? Accommodations are those supports you may need in order to get a job, keep a job, and complete the essential job tasks of your job. In order to receive accommodations, you have to disclose that you have a disability to your employer Examples of accommodations could be flexible scheduling to allow for you to attend doctor appointments or allow you to come in at a later time if your medications cause you to be drowsy in the morning. Additional examples are allowing a job coach to be present to assist in the job interview process and provide support in the workplace Additional supervision provided if needed Change the way feedback on job performance is presented

Why would you disclose your disability?

 Gain support from co-workers You feel comfortable doing so and want to share your experience You dont have to hide or keep your disability a secretkeeping a secret may be more stressful than putting it out in the open You need an accommodation in order to perform the main duties of your job Are there costs or risks to disclosing? Negative reaction by your supervisor, co-workers Being discriminated against by your employer- raises, job promotions, additional responsibilities/assignments Increased stress/anxiety due to what you think others may be thinking about you (pity, concern) When Would You Disclose? Some people disclose at the time of the job interview, especially if they are working with a job developer or perhaps with DARS The job developer or job coach may accompany you to the job interview or had a prior meeting with the employer to discuss your applying for the job Other people wait to disclose until AFTER they have the job What do you see as possible benefits of waiting until after you have the job to disclose? {think you wont get the job if you do disclose, wonder what the potential employer might think if they knew due to an unawareness on the employers part}

 Some people wait until symptoms appear or when they experience difficulties at work a change of medication, side effects of medication, stress Its really important not to wait until its too late! Dont wait until your job is in jeopardy to let your employer know you need help! How to disclose to your employer Many people choose to disclose to their direct supervisor only- this is what is known as Selective disclosure You do not have to tell everyone at work that you have a disability and you do not have to tell them every detail about your disability! Tell your supervisor in plain terms what you need Example: I take medication that makes me feel drowsy in the early part of the day. I need to talk with you about adjusting my work schedule. I have a regular standing doctors appointment that I need to keep; I need to talk with you about adjusting my schedule. Are there resources for me if I feel like Im being discriminated against? YES! If you disclose your disability to a potential employer, you may be protected under the Americans with Disabilities Act (ADA) When applying for a position, you have to be qualified to do the position and be able to perform the essential (main) duties of the job.

 Example: Youre applying for a job as a bank teller. You would need to know how to count money, make change, provide customer service in order to be qualified and perform the essential job functions. If you are unable to do these things, then you may not be considered qualified and the ADA does not protect you against this example. Another example: You have several years of experience being a bank teller. You are offered a position and three months into the job you begin to have difficulties on the job with concentration. You started a new medication that has a side effect of being drowsy however, the drowsiness subsides after mid-morning. You can request an accommodation for an altered schedule- you are protected under ADA because you are qualified for the job and you can complete the essential job tasks, an alternate job schedule is a reasonable accommodation. Another tool to help you with discrimination within the workplace is the Equal Employment Opportunity Commission (EEOC) If you think you have been discriminated against because of your disability, you need to call the EEOC You have to contact them within 180 days from the time the incident happened

JANS EAP SERIES

This document was developed by the Job Accommodation Network (JAN). Preparation of this item was funded by the Office of Disability Employment Policy, U.S. Department

of Labor, Grant Number OD-23442-12-75-4-54. This document does not necessarily reflect the views or policies of the Office of Disability Employment Policy, U.S. Department of Labor, nor does the mention of trade names, commercial products, or organizations imply endorsement by the U.S. Government.

JOB ACCOMMODATIONS FOR PEOPLE WITH MENTAL HEALTH IMPAIRMENTS According to the National Mental Health Association (http://www.nimh.nih.gov/), a mental health impairment is a disease that causes mild to severe disturbances in thought and/or behavior, resulting in an inability to cope with lifes ordinary demands and routines. There are more than 200 classified forms of mental illness. Some of the more common disorders are depression, bipolar disorder, dementia, schizophrenia, post-traumatic stress disorder (PTSD), obsessive-compulsive disorder (OCD), panic disorders, seasonal affective disorder (SAD), and anxiety disorders. Symptoms may include changes in mood, personality, personal habits, and/or social withdrawal. The following is a quick overview of some of the job accommodations that might be useful for people with mental health impairments. For a more in depth discussion, access JAN's publications at http://AskJAN.org/media/atoz.htm. To discuss an accommodation situation with a consultant, contact JAN directly. Maintaining Stamina During the Workday: Provide flexible scheduling Allow longer or more frequent work breaks Allow employee to work from home during part of the day, or week Provide part time work schedules Maintaining Concentration: Reduce distractions in the work area Provide space enclosures or a private office Allow for use of white noise or environmental sound machines Allow the employee to play soothing music using a cassette player and headset Increase natural lighting or provide full spectrum lighting Plan for uninterrupted work time Allow for frequent breaks Divide large assignments into smaller tasks and goals Restructure job to include only essential functions Staying Organized and Meeting Deadlines: Make daily TO-DO lists and check items off as they are completed Use several calendars to mark meetings and deadlines Remind employee of important deadlines

 Use electronic organizers Divide large assignments into smaller tasks and goals Dealing with Memory Deficits: Allow the employee to tape record meetings Provide type written minutes of each meeting Provide written instructions Allow additional training time Provide written checklists Working Effectively with Supervisors: Provide positive praise and reinforcement Provide written job instructions Develop written work agreements that include the agreed upon accommodations, clear expectations of responsibilities, and the consequences of not meeting performance standards Allow for open communication to managers and supervisors Establish written long term and short term goals Develop strategies to deal with problems before they arise Develop a procedure to evaluate the effectiveness of the accommodation Interacting with Coworkers: Educate all employees on their right to accommodations Provide sensitivity training to coworkers and supervisors Do not mandate employees attend work-related social functions Encourage employees to move non work-related conversations out of work areas Handling Stress and Emotions: Provide praise and positive reinforcement Refer to counseling and employee assistance programs Allow telephone calls during work hours to doctors and others for needed support Allow the presence of a support animal Allow the employee to take breaks as needed Maintaining Attendance: Provide flexible leave for health problems Provide a self-paced work load and flexible hours Allow employee to work from home Provide part-time work schedule Allow employee to make up time

Dealing with Change: Recognize that a change in the office environment or of supervisors may be difficult for a person with a mental health impairment

Maintain open channels of communication between the employee and the new and old supervisor in order to ensure an effective transition Provide weekly or monthly meetings with the employee to discuss workplace issues and productions levels Resources Specifically for People with Mental Illness Center for Psychiatric Rehabilitation Boston University 940 Commonwealth Avenue West Boston, MA 02215 Direct: (617)353-3549 Fax: (617)353-7700 psyrehab@bu.edu http://cpr.bu.edu/ Depression and Bipolar Support Alliance 730 North Franklin Suite 501 Chicago, IL 60610-7225 Toll Free: (800)826-3632 Fax: (312)642-7243 questions@DBSAlliance.org http://www.ndmda.org Mental Health America 2000 N Beauregard Street, 6th Floor Alexandria, VA 22311 Toll Free: (800)969-6642 Direct: (703)684-7722 Fax: (703)684-5968 info@mentalhealthamerica.net http://www.nmha.org National Alliance on Mental Illness (NAMI) Colonial Place Three 3803 N. Fairfax Dr., Ste. 100 Arlington, VA 22203 Toll Free: 800-950-NAMI Direct: 703-524-7600 http://www.nami.org National Mental Health Consumer Self-Help Clearinghouse 1211 Chestnut Street Suite 1207 Philadelphia, PA 19107 Toll Free: (800)553-4539

Direct: (215)751-1810 Fax: (215)636-6312 info@mhselfhelp.org http://www.mhselfhelp.org National Institute of Mental Health Science Writing, Press, and Dissemination Branch 6001 Executive Blvd, Room 8184, MSC 9663 Bethesda, MD 20892-9663 Toll Free: (866)615-6464 Direct: (301)443-4513 TTY: (301)443-8431 Fax: (301)443-4279 nimhinfo@nih.gov http://www.nimh.nih.gov

Disability Rights- Texas

2222 West Braker Lane Austin, Texas 78758 MAIN OFFICE 512.454.4816 TOLL-FREE 800.315.3876

Rev. Oct. 31, 2003 EM6

EMPLOYMENT ADVICE FOR PEOPLE WITH PSYCHIATRIC DISABILITIES

This handout tries to answer several questions about how people with psychiatric disabilities can get and keep a job. The questions that are answered include: 1. Is there any law that can help me get or keep a job? 2. What does the law say? 3. What does that mean? 4. What does it take to do the job? 5. What are "reasonable accommodations"? 6. So, if I can do the job, with accommodations if I need them, then do I get the job? 7. Who decides who is the most qualified person for the job? 8. How do I find and apply for a job? 9. Should I tell the employer about my current or past mental illness when I apply for a job? 10. If I am looking for a job, and decide not to tell the employer of my history of mental illness, does that mean that there will be no discrimination against me in the hiring process? So what should I do about symptoms and my resume? 11. What if I know that I am going to need "reasonable accommodations" to be able to do the job? Shouldn't I bring that up in my job interview? 12. If I decide to talk to the interviewer about my history of mental illness, should I also talk about accommodations that I will need? 13. If I don't get the job, how will I know if it was because of illegal discrimination based on my mental illness? 14. What if I need an accommodation at work? How do I get one? 15. What if I don't know what accommodations might help? 16. Who decides if I will get an accommodation, or what kind of accommodation I will get? 17. How will the employer determine if the accommodations are necessary? 18. Once I convince my employer that I need an accommodation, does my employer have to provide it? 19. How expensive is too expensive? 20. What if my disability causes me to act "strangely" at work? 21. What if my employer wants to provide a different accommodation than the one I have asked my employer to provide? 22. What if I cannot convince my employer that I need an accommodation or I do not believe the accommodation my employer has chosen will work for me? 23. How do I file an employment discrimination complaint? 24. Where can I get more information on this?

Questions & Answers

1. Is there any law that can help me get or keep a job? Yes, the law now prohibits most employers from discriminating against people with disabilities, including people with mental illness. The only employers who are not covered by a law are private employers with less than 15 employees who get no federal money. 2. What does the law say? The law prohibiting discrimination says that an employer must not treat you differently because of a prejudiced view of people with mental illness or a history of mental illness. The law also states that employers must provide you with a reasonable accommodation if you need one in order to do your job. 3. What does that mean? It means that your current or past mental illness should not keep you from getting or keeping a job. 4. What does it take to do the job? Like any other applicant for a job, you have to meet the basic qualifications in education and training. If, for example, the job requires a high school diploma, then you have to have graduated from high school or have gotten your G.E.D. You also need to be physically and mentally able to do the essential tasks of the job, either with or without reasonable accommodations. 5. What are "reasonable accommodations"? Reasonable accommodations are changes in the job requirements or workplace that take into account any impairments or problems you have due to your disability or treatment. Some examples are a later starting time (with a later leaving time as well) to accommodate morning medication problems, other modifications of the work schedule, elimination of some non-essential job duties, additional training time and/or job assistance, a work space in a quiet location, and extra unpaid leave to attend therapy. Another accommodation might be to have your employer train your supervisor to provide you with instructions in the most constructive manner for you. You may also want your employer to educate your co-workers about psychiatric disabilities. Lots of other things might also be reasonable accommodations. 6. So, if I can do the job, with accommodations if I need them, then do I get the job? Yes, you should, if you are the most qualified person for the job. 7. Who decides who is the most qualified person for the job? The employer decides. But, if you have reason to believe that you were at least as qualified as the person hired, and that you were not hired because of your psychiatric disability, then you may want to file a complaint of discrimination. Complaints of discrimination are described in Disability Rights

8. How do I find and apply for a job? You find jobs in a variety of ways--word of mouth, newspaper advertisements, the Texas Rehabilitation Commission (if you qualify for their services), and the Texas Workforce Commission. The people at those offices can also help you prepare a record of your work history (if you have one), and can give you advice about applying and interviewing for jobs. 9. Should I tell the employer about my current or past mental illness when I apply for a job? Usually not. Under the law, when you are applying for a job, you do not have to tell the employer about a disability, either physical or mental. The law also says that in most cases, the employer may not ask about any disability until after the employer offers you a job. So if the employer asks you during the job application if you have a mental illness, if you have been hospitalized, or if you take medication or see a psychiatrist, you do not have to answer. You may also have good reason to file a complaint of employment discrimination if the employer asks those questions during your job application. Because you are not required to talk about your disability when you are applying for a job, many people choose not to talk about it until after they are hired and need some help because of their disability. However, some people with mental illness may choose to talk with the employer about it from the start. If, for example, the employer already knows about your mental illness or if you have symptoms that make your illness apparent, you may want to discuss the illness and symptoms and the accommodations that may be needed. If the employer is not prejudiced and wants to hire you, this may help him or her work things out so that you can do the job. Some employers, however, are prejudiced and may not hire you because of your psychiatric disability. 10. If I am looking for a job, and decide not to tell the employer of my history of mental illness, does that mean that there will be no discrimination against me in the hiring process? Not necessarily. The employer might guess that you have some type of mental disability or illness if you have symptoms from the illness, or if you have side-effects of medication that you are taking, that are obvious when you talk with an interviewer. If your resume indicates periods in your adult life when you were unemployed without explanation, the employer may ask why you were not working. 11. So what should I do about symptoms and my resume? You have no reason to be ashamed of symptoms you cannot control or gaps in your employment that you could not prevent. Again, the question is whether you feel that you will be more likely to get and keep the job by talking to the employer up-front about those things. Whatever you decide about that, you should not make up past jobs or otherwise misrepresent your past work history. Whether or not you think that is justified, an employer may claim that it has the right to refuse to hire you, or to later fire you, if the employer finds out about misrepresentations (as they often do).

12. What if I know that I am going to need "reasonable accommodations" to be able to do the job? Shouldn't I bring that up in my job interview? Usually not. As discussed above, the employer normally cannot talk about this during the job application. The only time you need to bring this up before getting a job offer is if you need an accommodation in order to complete the application process itself. 13. If I decide to talk to the interviewer about my history of mental illness, should I also talk about accommodations that I will need? If a person's disability is apparent--for example, the person uses a wheelchair--the employer may ask what accommodations might be needed. But many people with mental illness or a history of mental illness have no obvious symptoms, so the issue of disability should not come up very often. On the other hand, as mentioned above, the employer might guess that you have some type of mental disability or illness. If the employer asks you about whether you need accommodations and what they might be, you can choose to discuss that or not. If you do not wish to discuss accommodations at the interview, you should tell the employer that you prefer not to discuss it. The employer should then not ask you anything more about it. You have to decide if talking about accommodations in the interview will help or hurt your chance of getting and keeping the job. 14. If I don't get the job, how will I know if it was because of illegal discrimination based on my mental illness? You probably won't know for sure, but you might suspect it. You might suspect discrimination if the employer learns about your history of mental illness, or your treatment for mental illness, and afterwards the employer shows less interest in hiring you. Also, if you know that the qualifications of the person who was hired and your qualifications are as good or better, you have additional reason to wonder. You can ask the employer to explain why you did not get the job, but they do not have to give you an explanation. Only a governmental office that investigates employment discrimination, or your lawyer after a lawsuit has been filed in court, can force the employer to explain its actions. Disability Rights Texas separate Employment Discrimination handout explains more about the investigation process . 15. What if I need an accommodation at work? How do I get one? If you need accommodations, you should tell your supervisor or the employer's human resources officer. It is best to confirm your request in writing, although that should not be necessary. The employer then needs to decide whether or not the accommodations you have requested are necessary for you to do your job, and whether they are reasonable. 16. What if I don't know what accommodations might help? You can ask for help from your therapist, if you have one, or from others you know who have a psychiatric disability. You may also want to contact Disability Rights Texas or other advocacy groups with local chapters such as Texas Mental Health Consumers, Psychiatric Survivors Networks, the Alliance for the Mentally Ill, and Mental Health Associations. You might also look at the resources published by Boston University's Center for Psychiatric Rehabilitation, including their web page on accommodations at

http://www.bu.edu/cpr/reasaccom/employ-accom.html. The federal government has also established offices to provide advice on accommodations. They are the ADA Regional Disability and Business Technical Assistance Hotline at 800-949-4232 (voice/TDD) and the Job Accommodation Network at 800-ADA-WORK (800-232-9675)(voice/TDD). 17. Who decides if I will get an accommodation, or what kind of accommodation I will get? The employer decides, but they must give you one if you need one, and if a reasonable and effective accommodation is available. It is also important to enter into a dialogue with your employer, explaining your needs and giving your suggested accommodations, and listening to your employer's ideas. 18. How will the employer determine if the accommodations are necessary? The employer may simply agree to provide the accommodations you request. But, after you are hired and you have requested an accommodation, the employer does have the right to ask you to get a written statement from your doctor explaining your need for the accommodation. The employer is also entitled to have a doctor examine you at the employer's expense for the purpose of evaluating your need for an accommodation. 19. Once I convince my employer that I need an accommodation, does my employer have to provide it? Your employer has to provide accommodations that are not too expensive compared to the overall wealth of the company, and that will not interfere too much with the work or workplace. 20. How expensive is too expensive? It depends on the company's wealth, which is something that can only be determined accurately by looking at financial records. Generally, that is not necessary, however. The vast majority of accommodations are very inexpensive compared to the finances of any company covered by one of the anti-discrimination laws. 21. What if my disability causes me to act "strangely" at work? In general, an employer is not supposed to take action against you for conduct that is related to your disability. There are exceptions, however. An employer may not have to excuse misconduct that is serious enough to justify being fired, even if the behavior is a symptom of a psychiatric disability or medication. Also, the employer may have, and enforce, a policy against abusing drugs or alcohol at work. 22. What if my employer wants to provide a different accommodation than the one I have asked my employer to provide? Again, you should talk to your employer about the accommodations. That includes telling the employer what you want, and listening to your employer's response and suggestions. Your employer may have an idea for an alternative accommodation to the one you would prefer that will still allow you to do your job or enjoy its benefits.

For example, if side-effects of your medication make it difficult for you to think clearly early in the morning, one accommodation might be to give you a later start time. Another accommodation might be to assign simple, non-essential tasks to you during the first hour or two of work each day. Your employer would probably have the right to choose one accommodation or the other, as long as it is effective for you. 23. What if I cannot convince my employer that I need an accommodation or I do not believe the accommodation my employer has chosen will work for me? You should continue to do your job as best you can and, at the same time, you should continue to speak with your employer yourself. It can sometime help if you ask for help from an understanding co-worker, advocate, friend, or family member. If you continue to disagree, you should get advice from an attorney to determine your next step. If you are thinking of quitting, be sure to talk to an attorney before you decide. One thing an attorney may advise you to do is to file a discrimination complaint. 24. How do I file an employment discrimination complaint? You should review Disability Rights Texas Employment Discrimination handout. It explains what you need to do, and when. It also explains what you can expect from the governmental investigation process. Filing a charge of discrimination is often only the beginning of a long process that may or may not end in your favor. 25. Where can I get more information on this? You might look at the EEOC's Enforcement Guidance on the Americans with Disabilities Act and Psychiatric Disabilities (March, 1997), which is on the web at: http://www.eeoc.gov/docs/psych.html.

Conclusion
Now that there are laws protecting people with mental illness, employers may have more education and greater understanding about mental illness. If you have a current or past mental illness, you should now have a better chance of getting or keeping a job than you did just a few years ago. Nevertheless, many employers still discriminate against people with a psychiatric disability. If they do, it is important to enforce your rights by filing a charge of discrimination. Disability Rights Texas goal is to make each handout understandable by and useful to the general public. If you have suggestions on how this handout can be improved, please contact our agency at the address and telephone number shown above or e-mail us at info@DisabilityRightsTx.org. Thank you for your assistance. This handout is available in Braille and/or on audio tape upon request. Disability Rights Texas strives to update its materials on an annual basis, and this handout is based upon the law at the time it was written. The law changes frequently and is subject to various interpretations by different courts. Future changes in the law may make some information in this handout inaccurate. The handout is not intended to and does not replace an attorney's advice or assistance based on your particular situation.