It is illegal for an employer to discriminate against you simply because you have a mental health condition. A charge of discrimination is a signed statement asserting that an employer, union or labor organization engaged in employment discrimination.It's illegal to not hire the best qualified person SOLELY because of the illness. Below are examples of accommodations that have helped employees with mental health conditions to more effectively perform their jobs. In order for the ADA to protect you, you have to tell your employer that you have a mental illness. Many people feel uncomfortable doing this, and that's okay. Mental health discrimination at work is unlawful. It refers to circumstances in which someone is treated less favourably than others, or put at a disadvantage. By law, your employer cannot discriminate against you based on a heath condition – and that includes mental health conditions such as depression. Even fewer covered mental health care (Cook et al.