What You Need to Know About Reasonable Accommodations for Anxiety at Work
Over 40 million adults in the United States have an anxiety disorder, making anxiety disorders the most common mental health concern in the United States. Here’s everything you need to know about reasonable accommodations for anxiety at work.
Individuals with anxiety or other mental health disabilities are entitled to certain accommodations in the workplace under the Americans with Disabilities Act (ADA).
Anxiety Disorders under Federal Law
The Americans with Disabilities Act (ADA) protects individuals with disabilities from discrimination and ensures people with disabilities have the same opportunities as everyone else.
The Americans with Disabilities Act (ADA) defines anxiety as a disorder causing physical or mental impairment and substantially restricting a person’s major life activity or bodily function.
Whether one controls their anxiety by treatment or medication, it will qualify as a disability under the Americans with Disabilities Act (ADA) if it is debilitating when active.
Anxiety disorders include:
- Acute stress disorder,
- Generalized anxiety disorder,
- Anxiety disorder because of a general medical condition,
- Substance-triggered anxiety disorder,
- Post Traumatic Stress Disorder (PTSD),
- Obsessive-compulsive disorder (OCD) ,
- Agoraphobia,
- Social phobia, andOther phobias.
Reasonable Accommodations under Federal Law
The Americans with Disabilities Act (ADA) provides qualified workers with anxiety disorders accommodations to manage their disorder if:
- Their anxiety is disabling as defined by the ADA, and
- The accommodation would not present an undue hardship to employers.
An employer must have a minimum of 15 employees for the law to apply.
The following are reasonable accommodations under the Americans with Disabilities Act (ADA):
- Alterations to a job or workplace to allow parties to perform essential job functions
- Changes in supervisory style
- Minimization of distractions
- Clear, specific directions for assignments
- Flexible schedule
- Modified break schedule
- Rest area/private space
- Support animal or person
An experienced, credible psychiatrist will understand what accommodations are appropriate for workers with anxiety.
Related: EMR Letters in Workers’ Comp Claims
Accommodations for Managing Panic Attacks
Individuals with mental health conditions, especially anxiety, may seek accommodations to help manage panic attacks.
Anxiety-easing accommodations may include:
- Flexible schedule,
- Modified break schedule,
- Rest area/private space,
- Support animals, and
- Support person.
Employees Workplace Rights
Employees have several federal workplace rights. In cases involving anxiety in the workplace, employees have the right to privacy.
Individuals do not need to reveal any diagnosis to their manager or team to receive reasonable accommodations. Human resources (HR) staff may require a doctor’s note or more information, but individuals do not need to share information about their condition with other employees.
Related: Workers’ Compensation Laws & Requirements By State
Wrongful Termination Because of Anxiety
Employees cannot lose their job due to their disability. The Americans with Disability (ADA) protects employees with chronic conditions limiting bodily function.
Individuals who feel they have been wrongfully terminated because of their anxiety or other mental health conditions may receive damages in court. If this applies to one’s situation, they should contact a lawyer specializing in wrongful termination.
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If you or a loved one would like to learn more about Reasonable Accommodations for Anxiety at work, get your free consultation with one of our Employment Attorneys today!