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Mental health is no longer a taboo topic in the workplace — and that’s a good thing. However, increased awareness also raises important legal questions. What responsibilities do employers have when an employee discloses a mental health condition? And what rights do workers have when depression, anxiety, PTSD, or another mental health challenge impacts their job?
In New York, both state and city laws provide meaningful protections for employees and legal obligations for employers. Whether you’re managing a team or trying to stay afloat at work while dealing with a mental health condition, understanding these rights and responsibilities is essential.
Mental Health and Disability Law in NYC
Mental health conditions are often covered under disability protections. The New York City Human Rights Law (NYCHRL) includes mental health in its broad definition of disability and offers some of the strongest workplace protections in the country.
This means employees with diagnosed conditions like anxiety, bipolar disorder, depression, ADHD, or OCD are entitled to:
- Confidentiality regarding their diagnosis
- Reasonable accommodations, unless it causes undue hardship
- Freedom from discrimination or harassment related to their condition
Employers can’t treat employees unfairly just because of a mental health diagnosis, and they must engage in a good-faith process to find reasonable solutions when accommodations are requested.
What Accommodations Might Look Like
Accommodations don’t have to be complicated. They’re meant to help an employee do their job, not lower standards. Examples include:
- A flexible start time for someone with medication-related fatigue
- Scheduled breaks for therapy appointments
- Modifications to performance review timelines during a flare-up
- Permission to work in a quieter area or remotely during high-stress periods
Employers must consider these requests seriously and engage in an interactive dialogue to find solutions.
What Employers Are Required to Do
If an employee discloses a mental health condition or requests help:
- Don’t dismiss or minimize it — you are now on notice
- Begin the interactive process to discuss accommodations
- Keep documentation and maintain confidentiality
- Make decisions based on performance, not assumptions about ability
Even well-meaning comments like “You don’t seem like yourself” or “Maybe this job is too much” can backfire if they lead to adverse action without legal justification. A misstep could result in a disability discrimination claim, especially under New York City’s employee-friendly laws.
Help for Employees: When to Speak Up
If you’re struggling and it’s affecting your ability to work, you have a choice: You can request accommodations. You do not need to disclose your exact diagnosis — just enough to explain the impact and request a specific change. You may also need documentation from a medical provider.
What you should do:
- Put your request in writing, if possible
- Suggest accommodations that would help
- Keep a record of conversations and responses
- Speak with an attorney if your employer refuses to engage or retaliates
If you’re forced to quit or face discipline after requesting accommodations, you may have a legal claim.
Mental Health Stigma Still Exists — But It’s Not an Excuse
Unfortunately, some employers still carry outdated beliefs about mental health — that it’s a liability or a weakness. However, under the law, assumptions and stigma cannot drive employment decisions. This includes:
- Firing or demoting someone after they disclose a mental health condition
- Refusing to promote someone based on perceived emotional vulnerability
- Ignoring requests for accommodations
- Retaliating against someone who requests leave for treatment
Mental health is health, and the law increasingly recognizes that. If you’ve been mistreated for asking for help or you’re an employer unsure of how to respond, Lipsky Lowe can help you move forward with clarity, respect, and legal protection. Contact us today for a confidential consultation.