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Understanding Employment Law
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Federal and state employment protections exist to ensure non-discrimination on the basis of: Age, ancestry, color, creed, marital status, disability (mental and physical), sex (includes gender identity in California), race, religion, national origin, sexual orientation (in California). Freedom from discrimination is a critical individual right. It is also a requisite to building a workforce that allows all individuals to contribute to their fullest potential and to be respected. Both aspects benefit the ability to grow our mental health (or any) workforce to meet the needs of diverse communities.
The Americans with Disabilities Act (ADA) in particular prohibits private and state and local government entities that employ fifteen or more employees from discriminating against qualified individuals with disabilities with respect to recruitment, the application process, hiring, advancement, and other terms, conditions, and privileges of employment. There are also requirements for making reasonable accommodations for qualified individuals with disabilities to participate in the application process, perform the essential (or fundamental) duties of a job, and enjoy the benefits and privileges of employment available to all employees.
The following websites are intended to guide employers, employees and prospective employees alike in understanding employment laws to ensure hiring practices and work environments that are inclusive and free from discrimination.
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  U.S. Equal Employment Opportunity Commission (EEOC) |
Provides enforcement of the federal laws prohibiting employment discrimination based upon race, color, religion, sex, national origin, age (over 40 years), and disability.
Website: www.eeoc.gov
San Francisco Office:
350 The Embarcadero, Suite 500
San Francisco, CA 94105-1260
Voice: (800) 669-4000
TTY: (800) 669-6820
EEOC Workshops on ADA
EEOC conducts free workshops on the Americans with Disabilities Act (ADA) for small businesses and individuals with disabilities. Include information on tax incentives, community resources, and the rights and responsibilities of employers and employees, are aimed at encouraging businesses with 15 to 100 employees to hire individuals with disabilities and assisting individuals who are entering the workforce to understand the ADA.
EEOC Publications
Employment non-discrimination protection information in multiple languages.
EEOC – Youth Employment Fact Sheets
English version
Spanish version
EEOC Non-discrimination PSA
Links to Federal Laws:
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| U.S. Department of Labor, Office of Disability Employment Policy |
Provides national leadership by developing and influencing disability-related employment policy and practice affecting the employment of people with disabilities. ODEP provides national leadership to increase employment opportunities for adults and youth with disabilities while striving to eliminate barriers to employment. In addition to ODEP's work regarding adults with disabilities, the agency has targeted additional audiences, including, but not limited to, mature workers, veterans, youth, chronically homeless, and the Olmstead population.
Website: http://www.dol.gov/odep
Voice: (866) 633-7635
TTY: (877) 889-5627
Employment Supports
Employment supports are services, benefits, policies, tools and equipment that make it possible for us get to work and do our jobs. We may not consider things like transportation, child care, access to health care, technology, and flexible work schedules as "supports," but for many Americans they can mean the difference between working and not working. |
| California Department of Fair Employment & Housing |
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| Protection and Advocacy, Inc. |
Each State has a protection and advocacy agency that receives funding from the Federal Center for Mental Health Services. Agencies are mandated to protect and advocate for the rights of people with mental illnesses and to investigate reports of abuse and neglect in facilities that care for or treat individuals with mental illnesses. These facilities, which may be public or private, include hospitals, nursing homes, community facilities, board and care homes, homeless shelters, jails, and prisons. Agencies provide advocacy services or conduct investigations to address issues that arise during transportation or admission to such facilities, during residency in them, or within 90 days after discharge from them. Spanish language assistance available
Website: www.pai-ca.org
Phone: (916) 488-9955
Toll-free: (800) 776-5746
TDD: (800) 719-5798
E-mail: infor@pai-ca.org
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