Washington — People seeking to be licensed as attorneys should not be required to reveal their mental health history, including whether they have ever had a mental health diagnosis, according to the American Psychological Association.
APA’s governing Council of Representatives unanimously approved a policy at its meeting Aug. 2 pledging to work alongside the American Bar Association and state bar associations to remove questions regarding mental health diagnoses or treatment history from character and fitness questionnaires.
“[S]tatistical data reveal that there is no connection between bar application questions about mental health and attorney misconduct and that such questions have not been empirically shown to work as a successful screening tool for who can and cannot practice law in a competent manner,” the resolution states.
Thirty-seven states and the District of Columbia include one or more questions on their character and fitness questionnaire referencing the mental health status of applicants, which can include a statement that it is the applicant’s responsibility to “check with your treating health care professional” regarding diagnoses, according to the American Bar Association.
The U.S. Department of Justice has stated that such questions tend “to screen out individuals with disabilities based on stereotypes and assumptions about their disabilities and are not necessary to assess the applicants’ fitness to practice law” and recommended removal of applicant questions about diagnoses.
APA called for law schools to support law students seeking appropriate mental health treatment and reduce the stigma associated with mental health.