Can My Employer See My Mental Health Records?

Navigating the workplace often involves balancing personal and professional boundaries, especially when it comes to sensitive issues like mental health. A question that commonly arises is whether or not an employer has the right to access an employee’s mental health records.

In most cases, the answer is no: your mental health records are considered private information and your employer has no right to access them. However, there are some cases where some records may need to be provided.

Why Would an Employer Need to See Mental Health Records?

While the need for an employer to access an employee’s mental health records is rare, there are a few specific scenarios where it might be necessary. These include:

• Providing Reasonable Accommodations: If you request accommodations under the Americans with Disabilities Act (ADA) due to a mental health condition, your employer might ask for medical documentation to substantiate your need for the accommodation.
• Emergency Medical Treatment: In a medical emergency involving an employee, access to certain medical records could be crucial for timely and effective treatment.
• Insurance or Worker’s Compensation Claims: If you file an insurance or worker’s compensation claim, relevant medical documentation could be needed to process it.

The medical records under consideration could range from doctor’s notes, disability benefits claim forms, and medical exam results to documents relating to worker’s compensation claims and participation in employee assistance programs. It’s important to note that in each of these scenarios, disclosure is typically restricted to authorized personnel such as healthcare providers, as well as specific managers and supervisors within your organization.

Mental Health Records Are Protected Under the Law

In the United States, several laws protect the privacy of your medical records, including your mental health records. The Health Insurance Portability and Accountability Act (HIPAA) prohibits healthcare providers from disclosing your medical records without your explicit consent. This means your employer cannot directly contact your therapist or psychiatrist to obtain your records. Even when an employer requests your records for a legitimate reason—such as to confirm a need for accommodation under the ADA—you have the right to review and consent to the specific information being disclosed.

The ADA also protects employees from discrimination based on a disability, which includes many mental health conditions. If an employer does obtain your mental health records legitimately, the ADA imposes strict limits on how this information can be used and who within the organization can see it. Generally, only those who need to know the information to provide accommodation will have access to these records.

How to Respond If Your Employer Pressures You to Provide Mental Health Records

If your employer tries to force you to provide your mental health records and you believe that their request falls outside of the appropriate scope, you have the right to say no. Mental health information is highly sensitive and protected by privacy laws. You are not obligated to disclose detailed mental health records to your employer.

In this situation, ask your employer to specify why they need this information and verify whether it is an appropriate request. Keep a record of any conversations or communications regarding this request. Before providing any information or signing any forms, contact a Colorado workers’ comp lawyer as soon as possible. A lawyer can help assess your situation and strategize an appropriate response on your behalf.

Are Mental Health Conditions Covered Under Workers’ Comp?

Psychological injuries can be just as debilitating as physical ones, and you may wonder whether you have the right to pursue a workers’ comp claim for mental health. These conditions can be covered under workers’ compensation in Colorado, but specific requirements must be met.

According to Colorado Revised Statutes Section 8-41-301, you will need to meet the following criteria in order to file a claim for mental stress:

• The mental health condition is directly related to your employment.
• The mental health condition falls outside the realm of ordinary work-related stress.
• The mental health condition is severe enough to impact your ability to work or require professional treatment.

Situations that may lead to a mental stress claim may include witnessing a death or serious injury at work, experiencing harassment or discrimination, or dealing with unreasonable work demands or conditions. 

If you believe you have a valid mental health-related workers’ comp claim, seek treatment from a mental health professional to document your condition. Report your condition to your employer as soon as you can and notify them that you intend to file a workers’ comp claim. Then, reach out to an attorney for assistance.

Common Signs of Employer Discrimination and Retaliation 

Employers may react negatively when an employee discloses a mental health condition or files a workers’ compensation claim for mental stress. In some cases, they may discriminate or retaliate against an employee who is suffering from psychological distress. This behavior is illegal and can manifest in various ways:

• Sudden changes in job responsibilities or demotion
• Exclusion from meetings or important projects
• Increased scrutiny or unreasonable performance expectations
• Denial of promotions or training opportunities
• Reduced work hours or unfavorable schedule changes
• Threats of termination or actual job loss
• Spread of rumors regarding your mental health
• Denial of reasonable accommodations for your mental health condition
• Unwarranted disciplinary actions or negative performance reviews
• Bullying, physical violence, or other behaviors that create a hostile work environment

Employees who have experienced discrimination based on mental health or retaliation for filing a workers’ compensation claim have the right to take legal action against their employer. If you experience these illegal acts after disclosing a mental health condition, reach out to a lawyer for assistance as soon as you can. 

What to Do If You Suspect Discrimination Based on Mental Illness

If you suspect that you have been subjected to discrimination based on your mental health, the first step is to document instances of unfair treatment. Keep records of conversations, emails, or decisions that you believe demonstrate discriminatory behavior.

Then, consult with an attorney experienced in workplace discrimination cases to discuss your next steps. These may involve filing a complaint with your organization’s human resources department or taking your case to the Equal Employment Opportunity Commission (EEOC), the agency tasked with enforcing federal anti-discrimination laws.

Contact A Dancer Workers’ Compensation Lawyer

A Denver workers’ compensation attorney can help you understand your legal options and guide your next steps. Contact a lawyer as soon as possible to initiate your case.