Are You Legally Protected at Work If You Have DID?

(Summary) The Americans with Disabilities Act (ADA) doesn’t just cover physical conditions—it also protects people with psychiatric disabilities, including Dissociative Identity Disorder (DID) and Other Specified Dissociative Disorder (OSDD). Thanks to the ADA Amendments Act of 2008, the definition of disability was broadened to prevent discrimination in hiring and employment. Understanding how the ADA applies to mental health can help you recognize your rights and protections in the workplace.

The Americans with Disabilities Act of 1990, commonly referred to as the ADA, provided legal protections to disabled Americans. But what about mental health issues? Are those covered? They are. And the ADA Amendments Act of 2008 broadened the definition of disability, making it illegal to discriminate against individuals who have a psychiatric disability. This includes discrimination against hiring a person who is qualified because they have a psychiatric disability.

Under the ADA, a psychiatric disability is defined as a mental impairment that substantially limits one or more major life activities. If you have a formally diagnosed condition that is in the DSM, the book utilized by psychiatrists and therapists for diagnosing issues, then you are covered under the ADA unless it is a so-called Z Code diagnosis. Those are diagnoses that denote challenges such as homelessness, domestic violence, and other issues which affect and can worsen mental health concerns. If you have a diagnosis of OSDD or DID, then you are protected by the ADA because, by definition, the DSM requires that the issue cause significant impairment or distress in your life. This requires at least one area of disruption, but in some cases, such as ADHD, more than one area of impairment is required to meet the criteria for diagnosis.

Now, I’m not an attorney, so if you have questions about this, you’ll want to get legal advice from a attorney. For instance, it is possible a formal diagnosis isn’t required. The law talks about having a “record” of disability. A formal diagnosis in your medical record definitely qualifies, but it is possible that other forms of documentation would also count even without a formal diagnosis. Again, please check with an attorney for information specific to your situation.