Can ADA protect me from disclosing mental health issues?

Dear Nurse Beth Advice Column - The following letter submitted anonymously in search for answers. Join the conversation!

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Dear Nurse Beth,

If you could please also share your thoughts about how ADA (protection if any) comes into play for something like for non-disclosure or disclosure for licensing purposes, employment purposes, or anything else (mental health conditions).

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Specializes in Tele, ICU, Staff Development.

Dear ADA,

The Americans with Disabilities Act (ADA) is a federal law in the United States that protects against discrimination for individuals with disabilities. It's essential to understand how the ADA may come into play in the context of nursing, licensing, and employment:

  • Licensing Purposes When applying for a nursing license, it is essential to answer all questions, including those regarding mental health conditions. It is worth noting that these questions may vary from state to state. It is crucial to understand that licensing boards prioritize patient safety and the protection of the public. In other words, their need to know takes precedence over your right to confidentiality.
  • Employment Purposes Under the ADA, employers are prohibited from discriminating against individuals with disabilities during the hiring process. You are not required to disclose a disability during a job application or interview. Employers should focus on your qualifications, skills, and abilities. However, if you require reasonable accommodations to perform the essential functions of the job, you may need to disclose your disability to request those accommodations.
  • Reasonable Accommodations If you have a disability that may impact your job performance and you need accommodations, it's important to engage in an interactive process with your employer. This involves discussing your needs and working together to find reasonable accommodations that allow you to perform the essential functions of the job. Reasonable accommodations may vary depending on the specific circumstances.

Employers and licensing boards are required to keep medical and disability-related information confidential. Your disclosure should be kept private and not shared with others without your consent.

If you have concerns or questions about how the ADA applies to your situation, consider consulting with an attorney with expertise in disability law or an ADA compliance specialist.

Best wishes,

Nurse Beth

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