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Mental Disability Discrimination Attorney

Mental Health Disability Discrimination

According to the CDC 1 in 5 adults in America deal with mental disabilities in a given year, and over 50% will be diagnosed with a mental disability in their lifetime.

Mental disabilities may create additional challenges in many aspects of life, but they should never impact one’s status in the workplace.

Navruz Avloni is an experienced employment attorney dedicated to fighting against mental disability discrimination in the workplace. She has successfully represented numerous clients experiencing unlawful discrimination at work.

If you are experiencing discrimination in the workplace and looking for a mental disability discrimination lawyer, reach out to Navruz Avloni for a free consultation.

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Mental Health Disability Discrimination

Under California law, a mental disability is considered to be a condition that limits a major life activity. There are many recognized mental disabilities, including but not limited to addiction, anxiety, ADHD, bipolar, depression, and PTSD. Mental disability is likewise not a permanent state; it can be short-term or long term and one can become disabled or non-disabled during the course of one’s employment.

Federal and State employment laws make it unlawful for your employer to discriminate against you on the basis of your ability. The Federal Americans with Disabilities Act (ADA) prohibits disability discrimination for employers with 15 or more employees, and the California Fair Employment and Housing Act (FEHA) prohibits disability discrimination in California for employers with 5 or more employees. The ADA and the FEHA prohibit employers from discriminating against employees with disabilities in any aspect of employment, including but not limited to hiring, pay, benefits, workplace opportunities, performance reviews, physical or verbal treatment, assignments, and firing.

Disability employment law also requires employers provide employees with reasonable accommodations. A reasonable accommodation is considered a change to an employee’s work environment, work duties, or work schedule that will help them perform their job, as long as it does not cause “undue hardship” to the employer. Time off can be considered a reasonable accommodation under California law. It is unlawful and discriminatory for your employer to fail to provide you with a reasonable accommodation. If you request an accommodation, your employer must provide one or engage with you in a good-faith interactive process to attempt to provide a reasonable accommodation.

Federal and California law requires certain employers to provide disabled employees who qualify with up to 12 weeks of job-protected leave. Job-protected medical leave also covers employees who need to take leave to care for a child, spouse, partner, parent, grandparent, grandchild, or sibling dealing with a qualifying disability or medical condition. In order to qualify for job-protected leave, an employee has to have worked a minimum of 1250 hours for the employer over the past year.

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The law protects employees who request reasonable accommodations. Your employer may not retaliate against you for requesting an accommodation. The law additionally protects employees who report unlawful discrimination or failure to accommodate at work. If you make a complaint of discrimination or failure to accommodate to your employer, resist discrimination or failure to accommodate in the workplace, or participate as a witness in a discrimination or failure to accommodate complaint, your employer may not treat you unfavorably as a result. If your employer has treated you differently because you reported or resisting any form of discrimination or harassment, your employer has retaliated against you and broken the law.

If you work remotely, the legal standard for proving mental disability discrimination remains the same. Although you have less face-to-face interaction with coworkers, you may experience disability-based discrimination in a remote office space.

If you have experienced discrimination at work, you may be entitled to compensation under federal and state laws. To prove your mental disability discrimination case, you must prove that you have a qualifying mental disability, have informed your employer of your mental disability, demonstrate that you are qualified for your job, and show that you have suffered discrimination due to your disability or that you have been denied your right to accommodations.

Learn more about how to prove a disability discrimination case below.

Employee Disability Rights

If you believe you may be facing discrimination at work based on a mental disability, take the following steps to support your case:

Save Evidence: Record all relevant events or interactions in writing. Save related notes and documents. Additionally, you have the right to request your personnel file from your employer at any time. You may request your personnel file to review any documents you have signed and ensure that your file is complete.

Report the Discrimination: Report the discrimination or failure to accommodate directly to your employer. If your employer does not correct their behavior, you may file a complaint with the Federal Equal Employment Opportunity Commission (EEOC) or with the California Department of Fair Employment and Housing (DFEH). It is recommended you consult an attorney prior to reporting the conduct to the DFEH or the EEOC so that your complaint to these agencies does not leave out any pertinent information.

Find an Attorney: Reach out to an employment attorney. Navruz Avloni is an employment attorney dedicated to fighting for your rights in the workplace. Click here to schedule a free consultation with Navruz Avloni.


Do not let Navruz's gentle demeanor fool you - she is an absolute bulldog litigator who will stop at nothing to make sure her client's interests are zealously represented. I routinely turn to Navruz for any discrimination-related issues in my work comp cases, and her command of this area of law is top notch. I have no reservations recommending Navruz as an attorney.

Lael Abaya

My experience with Avloni Law was the best I could have asked for. Rather than speaking with a case manager, I spoke directly with attorney, Navruz, who was incredibly efficient, diligent and informative, all while maintaining empathy and kindness. After our intake phone conversation, she did not delay in sending me a checklist of documentation to assemble, and was available to answer my questions. She speedily informed me she couldn't take on the case since it involves Tribal Law, however, she didn't leave me hanging. Instead, she sent me a list of attorneys who could assist. To reiterate, while my interactions with Navruz were brief, it's obvious she's thorough and knowledgeable. I was incredibly impressed with her qualifications (including her studies in rhetoric, which I'd imagine would help persuade and build a case) and several honors and awards. I spoke to many law firms and Avloni stood out most due to Navruz's expertise and client follow-up. Don't hesitate in contacting Avloni Law.

Ryan Shannon

Navruz was a godsend when my tech startup employer discriminated & retaliated against me. She explained the process so smoothly and was very responsive. I don't have a ton of experience working with attorneys, but she's the absolute best I've ever worked with and can't imagine meeting anyone better. Each time I would present a new situation or ask a question she was prompt to reply and offer a phone conversation to ensure I understood and could make the best decisions for my case. Although the experience with my employer was brutal, I'd love nothing more than to be able to work with her again. True blessing of a human-being. HIGHLY RECOMMEND.

Tessa K

Working with Nav has been inspiring to say the least. As a fellow member of the San Anselmo Racial Equity Committee, she brings her knowledge as a highly skilled civil rights attorney, along with her strong commitment to addressing equity issues in our town. She is hard working, patient, understanding and always willing to listen, grow and learn. Her contributions to this committee and community have been invaluable.

Tiffany M

I need an advise regarding my unemployment case. Avloni Law helped me with understanding the basics and professionally corrected the wording in my appeal statement. Everything went smooth! Highly recommend!

Maria Gushchina

Navruz is an intelligent, dedicated, and talented attorney.

Kyle Morishita

I have had a pleasure of knowing Navruz for quite a while. I definitely recommend her as a hardworking and highly skilled attorney in the area of employment law, especially wrongful termination and harassment. She is passionate about her cases and she cares about her clients.

Alexei Kuchinsky

I have had the pleasure of knowing Navruz for over seven years. She is extremely diligent, smart, and knowledgeable in labor and employment law. Any client represented by Navruz is, without question, very well-represented! I endorse her without qualification!

Ryan Cadry

Navruz is a strong and knowledgeable attorney whose passion for her work is evidenced by effective results.

Maria Crabtree

Navruz Avloni has been my employment law attorney years. Her attention to detail, research and resources, and sincerity in her work are unparalleled. She has given me exceptional employment law advice on multiple occasions. I would not hesitate to recommend her to anyone looking for an excellent employment law attorney.


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Navruz Avloni is an experienced employment attorney dedicated to fighting against mental disability discrimination in the workplace. She has successfully represented numerous clients experiencing unlawful discrimination at work. If you are experiencing discrimination in the workplace and looking for a mental disability discrimination lawyer, reach out to Navruz Avloni for a free consultation.

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