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Yes. Anxiety and depression may qualify for a reasonable workplace accommodation if they meet the definition of a disability under applicable federal, New York State, or New York City law. Employees who need changes to help them perform the essential functions of their jobs may have the right to request accommodations, and employers generally must engage in an interactive process to determine whether a reasonable accommodation is available.
What Is a Reasonable Accommodation?
A reasonable accommodation is a change to the work environment or the way a job is performed that enables a qualified employee with a disability to perform the essential functions of the position. The accommodation must be reasonable under the circumstances and generally cannot impose an undue hardship on the employer.
While many people associate workplace accommodations with physical disabilities, mental health conditions may also qualify for protection when they substantially affect an employee’s ability to work or perform major life activities. New York City law often provides broader protections than federal law, making it important to evaluate each situation individually.
Can Anxiety or Depression Qualify as a Disability?
They can. Whether anxiety or depression qualifies depends on the individual’s condition and how it affects daily functioning and job performance.
Many employees experience temporary stress, sadness, or anxiety that does not rise to the level of a protected disability. However, diagnosed mental health conditions such as generalized anxiety disorder, major depressive disorder, panic disorder, post-traumatic stress disorder (PTSD), obsessive-compulsive disorder (OCD), and similar conditions may qualify for legal protection under the Americans with Disabilities Act (ADA), the New York State Human Rights Law, or the New York City Human Rights Law.
The focus is not simply on the diagnosis itself, but on whether the condition affects the employee’s ability to perform the job without reasonable workplace support.
What Types of Workplace Accommodations May Be Available?
Reasonable accommodations vary depending on the employee’s job responsibilities and the employer’s operations. There is no single accommodation that works for every situation.
Examples may include:
- Modified work schedules
- Flexible start or end times
- Periodic breaks during the workday
- Remote or hybrid work when appropriate
- Changes to workplace lighting or noise levels
- A quieter workspace
- Leave for treatment or medical appointments
- Adjustments to workplace policies when reasonable
Employees are not automatically entitled to the accommodation they prefer. Instead, employers generally must consider whether an effective accommodation is available that allows the employee to perform the essential functions of the position.
How Do You Request a Workplace Accommodation?
Employees are not required to use any specific words or legal terminology when requesting an accommodation. In many cases, simply informing an employer that a medical condition is affecting work and requesting assistance is enough to begin the process.
Once an employer becomes aware that an accommodation may be needed, both sides generally participate in what is known as the interactive process. During this discussion, the employer and employee work together to identify reasonable accommodations that address the employee’s limitations while allowing the employee to continue performing the essential duties of the job.
Medical documentation may be requested when appropriate to help establish the need for an accommodation.
Can an Employer Deny an Accommodation Request?
Sometimes. Employers are not required to approve every requested accommodation.
A request may be denied if the accommodation would create an undue hardship, eliminate an essential job function, pose a direct threat that cannot be reasonably addressed, or if another effective accommodation is available.
However, employers generally should not ignore accommodation requests, refuse to engage in the interactive process, or deny accommodations based on assumptions or stereotypes about mental health conditions. They also may not retaliate against employees for requesting a reasonable accommodation or exercising their legal rights.
What Should You Do if Your Employer Refuses to Accommodate Your Mental Health Condition?
If you believe your employer improperly denied an accommodation request, keep copies of any documentation related to the request and the employer’s response.
Helpful records may include:
- Emails or written accommodation requests
- Medical documentation
- Human resources correspondence
- Performance evaluations
- Employee handbook policies
- Notes from meetings discussing the request
This information may help determine whether the employer complied with applicable disability discrimination and accommodation laws.
How an Employment Lawyer Can Help
Accommodation disputes often involve multiple employment laws, employer policies, and medical documentation requirements. An employment lawyer can evaluate whether your condition may qualify for legal protection, determine whether the employer fulfilled its obligations during the interactive process, and assess whether discrimination or retaliation occurred.
At Lipsky Lowe, our attorneys represent employees throughout New York City in matters involving disability discrimination, reasonable accommodations, retaliation, and other workplace disputes. If your employer denied your request for a reasonable accommodation, refused to participate in the interactive process, or retaliated after you requested one, connect with us today.