Am I Entitled to a Reasonable Accommodation at Work for Anxiety and Depression?

Mental health conditions can impact a person’s life in many different ways, and they can make it more difficult for a person to perform tasks that may be easy and straightforward for another person. Title I of the federal Americans with Disabilities Act (ADA) provides various protections for job applicants and employees with disabilities in Florida workplaces and those across the country. The ADA applies to “people with physical and communication disabilities,” according to the US Department of Labor (DOL), as well as to job applicants and employees who have “invisible disabilities.” That term includes many different types of psychiatric and mental health conditions, and as such, employers may be required to provide a reasonable accommodation to a job applicant or employee with a mental health condition, including anxiety or depression.

Whether you are applying for a job or in a current position, are you entitled to a reasonable accommodation for anxiety and depression? You may be, and our Palm Beach Gardens employment discrimination attorneys can explain in more detail.

When Can Anxiety and Depression Qualify for an ADA Accommodation?

Having symptoms of anxiety and depression, or being diagnosed with one or both of these mental health conditions, is not on its own sufficient to qualify a person for a reasonable accommodation at work under Title I of the ADA. Disabilities can affect people in different ways, and some disabilities have substantial impacts on a person’s ability to perform certain work-related tasks without accommodation while others have limited impacts or only occasional impacts.

In order for anxiety and depression  —  or any other medical condition or disability  —  to qualify a job applicant or employee for protections under the ADA, one of the following must be true:

• Anxiety or depression substantially limits one or more major life activities;
• Person has a history of anxiety or depression that substantially limits one or more major life activities (even if it is not presently symptomatic or active); or
• Person is perceived by others as having such an impairment.

There is no specific definition for what “substantially limits” means, and it is a term that is usually “interpreted broadly,” according to the Civil Rights Division of the US Department of Justice. There are many different types of “major life activities,” including activities of daily living such as eating and sleeping, physical movements such as walking and standing, cognitive functions such as thinking or concentrating, various sensory abilities, and tasks like reading or communicating.

In sum, if you have anxiety or depression and it substantially limits one or more major life activities, you may be entitled to a reasonable accommodation under the ADA.

Contact a Palm Beach Gardens Employment Disability Discrimination Lawyer for Assistance 

Do you have questions about requesting a reasonable accommodation in the job application process or in your workplace? If you need assistance obtaining a reasonable accommodation, or if you have experienced any type of adverse treatment from an employer that you believe may be the result of disability discrimination, it is important to seek legal advice. One of the experienced Palm Beach Gardens disability discrimination attorneys at Sconzo Law Office can discuss the details of your case with you today. We have years of experience representing job applicants and employees in a wide range of employment discrimination matters, and we can speak with you today about your options. Contact our firm for more information.

Sources:

ada.gov/topics/intro-to-ada/

dol.gov/agencies/odep/program-areas/mental-health/maximizing-productivity-accommodations-for-employees-with-psychiatric-disabilities