How Bakers Act Affect Employment | An Expert Guide


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The Florida Mental Health Act, most commonly the Bakers act, begin to offer the formation of mental health programs. The idea was to deceases the occurrence, duration, severity, and disabling aspects of emotional, mental, and behavioral disorders. This act contains several provisions ranging from screening, diagnosis to the appointment of legal caretakers and guardians. Let’s learn how bakers act affect employment.

However, Baker’s act works for the confinement provisions and involuntarily evaluations. For mental health programs, being involuntarily confined in Florida is commonly known as Baker’s act. Therefore, if you want to know how the baker’s act affects employment, keep reading this informative article. 

What is the Bakers Act?

How Bakers Act Affect Employment

The Florida baker act offers doctors, judges, mental health professionals, and law enforcement companies to obligate individuals to a mental health treatment center for up to 72 hours. All this, if they act with particular suicidal signs or violent acts of mental illness. 

Purpose of the Baker Act

The key aim of the baker act is to offer time for a mental health analysis or evaluation to be deescalated or to be performed in a crisis. The evaluation will ensure whether a person is facing a mental health issue. If the individual is found not to don’t represent a danger for others and himself, they will be free after the holding period.

The baker act calls like this after the former representative of Florida, Maxine Baker. It begins in the early 1970s as a component of the Florida Mental Health Act. This act is beneficial for the mental health issues of individuals who are not dangerous for themselves and other people.

Implementing the Baker act is important because mental illness and disorders like depression relate to unemployment and disability. The mental disability contributes to an individual’s ability to complete the physical and mental jobs in about 20 of the job. It also decreases cognitive performance to about 35%.

Similarly, unemployment affects the mental health of a person in multifold ways. An increase in job insecurity can lead to depression symptoms. It also implies negative effects on a person’s self-confidence, self-esteem, and an increase in a feeling of distress.

Working of the Banker’s Act

Working of the Banker's Act

If the person is found, the Baker’s acted and taken to the mental health hospital, also known as the baker act receiving facility. The person passes examinations for 72 hours by mental health doctors. Suppose the person is harmful according to two different mental health doctors.

In that case, the patient will join a mental health facility either under the involuntary patient placement or voluntarily. But, commonly, outpatient mental health treatment is great for people with mental illness who do not require 24 hours care and attention.

Criteria for Baker act

If someone fits for Baker’s act and joins a mental hospital, the patient must encounter the following criteria.

  • The person does not voluntarily agree to the mental health evaluation and does not understand what is essential for his health.
  • Person is undoubtedly mentally ill or believed to be mentally ill.
  • The person is harmful to himself and other people’s lives and is incapable of taking care of him. 

A person can also opt for the voluntary Baker’s act. However, he must be willing and agree to get out of there feeling well.

The initial determination of being Baker acted.

The evaluation of a person who may be under the Baker’s act impact finishes with one of three types of assessors.

  • A court can issue an order about a person who meets the criteria and can order for the admission of a certain person to the facility for involuntary evaluation.
  • A law enforcement agent can take any such person and order a person for involuntary evaluation that fulfills the baker act criteria.

A psychiatric nurse, a physician or a clinical psychologist, mental health counselor, marriage or family therapist, or a social worker can issue a certificate stating that they have analyzed the certain person for 48 hours and are eligible for involuntary evaluation.

How Bakers Act Affect Employment

How Bakers Act Affect Employment

No, there should be no adverse effect of the Baker’s act on your job or employment. It is illegal for any institution or a corporation to fire you if you have any bad mental condition or a handicap as a reason for your dismissal. Likewise, discerning against a baker’s person due to mental health issues could be a criminal offense. 

The manager took forced action.

If your manager forces you to take on the longer breaks, refuses your promotion, and threatens you, you may be fired out after joining from Baker acted. You have the right to denounce it to the higher authorities as a work ethic and violation of the ADA. Then you should hire a specialized and skilled lawyer who can fight for your ADA employment claims and offer proof of your stay in the job.

Discrimination complaint

If you are not getting out of the job and your boss or manager no longer assign you tasks and responsibilities because of your illness, you can request and file a discrimination complaint about this issue. Discrimination happens when your manager is unsure and doubts your capacity to complete the assignment because of your mental illness without proof of your illness. However, it will be better for you to gain the confidence of your colleagues by working excellently. 

Without considering your mental illness and disability, you have a legal right to fight for employment and get reasonable accommodation to continue working on your job sites. A reasonable accommodation is not hard to obtain because it only needs minor changes in your regular job routines. They will give you extra breaks instead of a 15-minute break if you wish. Your institution or company can offer you a more comfortable environment for your work to enhance your efficiency.

The low employment rate shows that discrimination is spreading very widely. In England, one-third of people with mental diseases say that they have lost their jobs due to mental illness. 40 % of people say they didn’t get their jobs because they have got psychological treatment in the past. Also, 60 % said that they hesitate to apply for the job because they were afraid of being out for a job due to mental illness.

However, because of the mental illness, most people who are Baker perform for their evaluation. They should avoid other people or harm them and they must keep their worksites calm and work smoothly.

On the other hand, many workers are afraid of bakers acting even if they are mentally ill and receive judgment from their fellows working with them on their sites.

Therefore, you should keep in mind, having a disability or any disease should not be the source of embarrassment because you always have the opportunity to get you back in health and cure and treatment. You implemented to save you against this issue, especially if it happens in your workplace. 

Frequently asked questions

Can you lose your job if you are Baker acted?

No, it cannot happen because it is illegal for a company or corporation to terminate you from a job because of mental illness. If you are unavailable or mentally ill, you can get the treatment and cure on the best of levels. Next, you can continue your job.

What is the purpose of the Baker’s act?

According to Representative Baker, the baker act aims to encourage voluntary commitments against involuntary when the person is competent to consent. As an example, to separate the hospitalization process from legal incompetency. In addition, to increase the community care of people with mental illness.

Can mental health stop you from working?

At many times your work or job can be affected by mental health problems. For instance, if you face the disease of depression, you might feel tired and bored. So, you will be unable to continue the job.

Does a baker act show on a background check?

The evaluation done by the baker act does not equal commitment. It won’t be in the FBI’s national instant criminal experience check system.

Can you fire an employee with a mental illness or disorder?

Luckily the federal government prevents discrimination based on mental health diagnosis alone. The Americans with incapacities act make it illegal to terminate someone from the job or employment having a drug addiction, disability.


From the above facts, we can say that disclosing the illness offers the chance to request reasonable adjustments. This may be psychologically beneficial. However, two-thirds of the patients don’t want people to know about their illness when applying for their job. Given this priority, the doctors should know that the information can be different regarding job applications. Also, according to the nature of the job, nature of the disease, and the question asked. 

Therefore, there is a risk of losing a job if people know the relevant information about the illness.


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