Involuntary Commitment

[Devosmajo]

But after the examination I was set free

 

[quincy]

But after the examination I was set free

What led to the mental health exam? Did family arrange for the examination against your will, or were you arrested and taken to the hospital by the police, because the police determined you posed a threat to yourself or others?

 

[Devosmajo]

A friend called the police

 

[Devosmajo]

Wdym by being arrested

 

[quincy]

Here is another link, this to the process involved with involuntary examinations, admissions and treatment:
https://www.nysenate.gov/legislation/laws/MHY/9.27

If the police are called because someone is concerned about your behavior but you have not committed a crime, you can be transported by the police to a hospital for examination. In that situation, you were not arrested so much as temporarily placed in custody of the police.

 

[Devosmajo]

Will employers see this?

 

[quincy]

Will employers see this?

It would be highly unlikely that any employer would learn of the transportation to the hospital by the police/ambulance, the mental health examination, and your subsequent release without treatment.

I hope that whatever health “event” that led to your friend calling the police is no longer an issue for you.

Good luck.

 

[Devosmajo]

I appreciate your response and thank you.
One last question is can employers discriminate against mental health issues?

 

[FlyingRon]

What I meant was was the reason they committed you because you committed a crime. If your friend called the cops because he was just concerned about you, then that's not a concern. If he called the cops because you assaulted him then you may have issues.

They can't discriminate against you BECAUSE you have a mental health history, but they also do not have to accept you not being able to do the job because of mental illness.

 

[Taxing Matters]

Is it possible for employers to see involuntary commitment for pre employment background checks? If so how does one seal this issue in the state of New York

Under federal law if the employer has at least 15 employees or is a government agency the employer would violate the Americans with Disabilities Act (ADA) by obtaining background reports prior to making a job offer that discloses health information. Under the Act employers are prohibited from inquiring of an applicant about health information, whether that's asking the applicant directly or inquiring about it through some third party service. The federal Equal Employment Opportunity Commission (EEOC), which enforces that rule, states the following on its Enforcement Guidance: Preemployment Disability-Related Questions and Medical Examinations page:

Under the law, an employer may not ask disability-related questions and may not conduct medical examinations until after it makes a conditional job offer to the applicant. This helps ensure that an applicant's possible hidden disability (including a prior history of a disability) is not considered before the employer evaluates an applicant's non-medical qualifications. An employer may not ask disability-related questions or require a medical examination pre-offer even if it intends to look at the answers or results only at the post-offer stage.​

So that confirms that the employer cannot ask you those questions during the application process. In the same document, the EEOC goes on to state that the employer cannot ask anyone else those questions about you either, including services that may provide health information. Specifically, it states:

May an employer ask third parties questions it could not ask the applicant directly?

No. An employer may not ask a third party (such as a service that provides information about workers' compensation claims, a state agency, or an applicant's friends, family, or former employers) any questions that it could not directly ask the applicant.​

Note that NY law also prohibits discrimination based on disability and that law applies to all employers. I have not checked to see if NY law prohibits pre-employment health inquiries like federal law does, but it might.

So while I agree with the others that employment background reports would be unlikely to have that information anyway as it would not be information those companies could readily get, under the ADA even if they could get them they should not be providing that information to employers as that can cause the employer to violate the law.

A report of an arrest or conviction, however, can be included on an employment background check, but not health information.

 

[quincy]

I appreciate your response and thank you.
One last question is can employers discriminate against mental health issues?

Under the circumstances as you have described them and with no additional facts, an employer should not even learn that you went to the hospital for a mental health examination and would, therefore, have no reason to discriminate against you in its hiring decision.

Certainly if you were arrested for committing a crime against others due to a mental health issue, an employer could have access to the criminal record generated by the criminal action and not hire you.

An employer can be sued for the negligent hiring of a person, or the negligent retention of an employee, known to be a threat to others. But this would be based on the known public criminal records and not on the unknown mental health hospital records.

 

[quincy]

Here is an additional link to the EEOC to go along with the one provided by Taxing Matters:
https://www.eeoc.gov/laws/guidance/depression-ptsd-other-mental-health-conditions-workplace-your-legal-rights

 

[Devosmajo]

Last question I promise,

Does Emergency admissions for immediate observation, care, and treatment 9.39 go on your record even if the examiner discharged you immediately and did not find you suitable for commitment?

 

[quincy]

Last question I promise,

Does Emergency admissions for immediate observation, care, and treatment 9.39 go on your record even if the examiner discharged you immediately and did not find you suitable for commitment?

There will be a hospital record, yes. Will this be a record accessible to an employer without your authorization? No.

 

[quincy]

Devosmajo, I suggest that you do not worry about the mental health examination. It alone should not become a factor when you are applying for jobs.

Good luck.