What does the law require about disclosure of BDP or PTSD treatment?

Question

Hey there, a few years ago I was treated for possible BPD which one counselor later said was more likely ADD and PTSD. I got some CBT training and eventually got off the meds after 2 years.

Since then, I'm doing very well - very steady work, lots of responsibility. Family stuff is going great and I'm keeping the whole scene together really well. So well... that now I'm expected to undergo a background check for great new responsibilities on the home front - and possibly get a secret clearance for work.

I didn't even think about the past stuff from over 6 years ago, until I read the forms which each require full disclosure on psych background. All of the sudden, I'm worried that I'm not going to be able to fulfill either of these situations.

So, I was told back in the day that there was a "closed file" that I didn't have to tell ANYONE about, due to the law. But, if I don't disclose on these forms, I could lose my job and the family opportunity.

Anyone know the law?

Well, the counselros told me that I didn't have a legal requirement to tell anyone.

So, the question is: what does the law require? If I say no, can they actually find out?

CBT = Cognitive Behavioral Therapy
PTSD = Post Traumatic Stress Disorder
BPD = BiPolar Disorder

Majnun, the other issue is a BC for adopting. My wife is wanting to adopt kids; she feels we've passed the time of difficulty and she wants to raise a family. I'm confident that I don't have the issues any more; it's past for me.

But, I'm concerned what the BC would show. I did get admitted on a suicide watch for 4 days. It was 6 years ago, no further issues. Never any criminal history, nothing else. It was voluntary. But, I did get a free ride in an ambulance;-)

But, I'm concerned that if I say no on the BC and the find it - I'm done. I don't want to lose these kids - we've already bonded with them.

I don't want to lie, but I'd rather not open the can of worms if they can't find these records.

Answer 1

I might be able to answer your question if you live in the USA, but I don't understand what kind of job you are applying for. Why would "full disclosure on psych background" be necessary? I don't know what CBT training is either.

I can't think of any instance where a place of employment would have any legal right to demand your mental health information. If they did "find out" they would be violating your rights and you could sue them. Also, if they admitted they didn't hire you for having a history of mental health treatment, that would be discrimination and you could sue them for that.

Answer 2

From my experience unless you need to disclose to have special treatment as in it can effect your job and certain exceptions need to be made for you it is none of their business. Also PTSD is supposedly "curable" (not IMO). But if it is managed and you have learned how to then it is a non issue and no reason to open up a can of worms not needed. Still on the books it can be fixed, but then it would be PTS not PTSD wouldn't it. Therapy for trauma and reactions from does not make you mentally ill. Makes you human. Leave it be, it is not needed. And I have had background checks, no one knows I have this unless I said so.

Answer 3

No, I don't know, but you can and should contact a lawyer or mental health advocate or organization for help. I do know that for most jobs, it's illegal, at least where I'm from, to even ask such a question, even jobs that require background checks. Mental illness is not a crime.

Answer 4

Not sure about what the law says, but I would venture to say that ADA or EEOC may have something to say about it. However, I can promise that if you don't disclose something, or lie about it and they find out, you will be immediately fired.