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Performance reviews are supposed to reflect an employee’s contributions and growth. Too often, however, these evaluations are influenced by bias—especially when an employee has a mental health condition. For many workers in New York City, this can mean lower ratings, stalled promotions, or even job loss. If you’ve faced mental health discrimination at work in NYC, it may show up first in the words written into your performance review.
Subtle Signs of Mental Health Bias in Reviews
Discrimination doesn’t always take the form of overt hostility. In many workplaces, it appears in coded language or skewed evaluations. Some subtle indicators include:
- Reliability concerns: Supervisors may emphasize “attendance” or “dependability” when absences are connected to therapy, treatment, or hospitalizations.
- Attitude critiques: Phrases like “not a team player” or “poor attitude” may appear when an employee has requested flexible scheduling or quiet accommodations to manage anxiety.
- Minimizing achievements: Employees with depression or other conditions may see their contributions overlooked, with reviews focusing on perceived weaknesses instead.
- Leave-related penalties: Using approved leave under the FMLA, ADA, or company policy should not lower performance ratings, yet it often does.
- Unequal standards: Employees with mental health accommodations may be held to stricter measures than their coworkers, without recognition of the adjustments that are legally allowed.
While these patterns may seem subjective, they can create real barriers to advancement and may form the basis for a legal claim.
Why Biased Reviews Matter
Performance reviews are more than just feedback. They often determine pay raises, bonuses, promotions, or whether an employee is placed on a performance improvement plan. A biased review can hinder an employee’s career advancement for years, limiting career growth and impacting financial stability.
These reviews also create a paper trail. If negative evaluations are influenced by mental health stigma, they can unfairly justify later discipline or termination. Recognizing and documenting these patterns early is key to protecting your career.
Legal Protections Against Mental Health Discrimination
Employees are not powerless in the face of biased evaluations. Several laws protect workers in NYC from discrimination tied to mental health:
- Americans with Disabilities Act (ADA): Prohibits discrimination against qualified employees with mental health conditions and requires employers to provide reasonable accommodations unless doing so would cause undue hardship.
- New York State Human Rights Law: Extends protections beyond federal law, covering a broader range of mental health conditions and disorders.
- New York City Human Rights Law (NYCHRL): One of the most employee-friendly laws in the country, it explicitly bars discrimination in performance evaluations, promotions, and termination based on mental health.
Together, these laws mean that employers cannot legally use your mental health condition as a reason to downgrade your work performance.
How to Challenge Unfair Reviews
If you believe your review reflects bias, there are steps you can take to protect yourself:
- Request clarification: Ask your supervisor to provide concrete examples behind the criticisms. Vague language can be a red flag for bias.
- Provide documentation: If absences or limitations are related to treatment, provide HR or management with the necessary medical documentation and accommodation requests.
- File an internal complaint: Use your employer’s grievance procedures to put concerns on record.
- Seek external remedies: Employees may file complaints with the EEOC, the New York State Division of Human Rights, or the NYC Commission on Human Rights.
- Consult an attorney: A lawyer can evaluate whether your review is part of a broader pattern of discrimination and pursue damages or corrective action.
When to Speak with a Lawyer
It may be time to involve legal counsel if:
- A poor review is threatening your pay, promotion, or continued employment.
- You’ve been penalized for requesting or using mental health accommodations.
- Biased evaluations appear linked to harassment or retaliation.
Trust Lipsky Lowe to protect your rights under the ADA, state law, and the NYCHRL. We will leverage our skills and experience to represent you in negotiations or litigation to correct unfair treatment and secure compensation for any harm you’ve suffered.
FAQs: Mental Health Discrimination in NYC Performance Reviews
Can performance reviews be discriminatory in NYC? Yes. If an employer downgrades your performance review because of a mental health condition or your use of medical leave, it may be unlawful under the ADA, New York State Human Rights Law, and the NYC Human Rights Law.
What are the signs of mental health discrimination in performance reviews?
Common signs include vague criticisms about “attitude” or “reliability,” overlooking achievements, penalizing approved absences for treatment, or holding you to stricter standards than coworkers.
How can I challenge a biased performance review in NYC?
You can request clarification from your supervisor, provide documentation linking absences to treatment, file an internal HR complaint, or pursue legal remedies with the help of an attorney.
Protecting Your Rights in NYC
Performance reviews should measure your work, not prejudice against your health. If you believe your evaluation was influenced by mental health discrimination, you may have legal options.
At Lipsky Lowe, we represent employees across New York City in cases where bias and stigma lead to unfair evaluations. We approach every case with discretion, compassion, and a focus on your career goals. Contact us today for a confidential consultation and discover how we can assist you in combating mental health discrimination at work in NYC.