What You Need to Know About Reasonable Accommodations for Depression at Work
Depression can impact every facet of life, and work is no exception. Here’s everything you need to know about reasonable accommodations for depression at work, so you can start putting your mental health first.
The United States affords every employee freedom from workplace discrimination due to a mental condition. Every person has the right to reasonable accommodations in the workplace, so long as the medical condition meets the qualifications outlined in the Americans with Disabilities Act.
Protection from Workplace Discrimination
The Americans with Disabilities Act (ADA) prohibits an employer from discriminating against an employee for having a mental health condition.
An employer may not take the following actions based on an employee’s mental state:
- Fire an employee,
- Fail to hire an employee,
- Fail to promote an employee or
- Force an employee to take leave.
An employer may also not engage in retaliatory action against an employee with a mental health condition for reporting a violation. Any employee who feels an employer has committed an infraction should file an ADA complaint with the U.S. Department of Justice.
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Reasonable Workplace Accommodation Qualifications
Many people mistakenly believe mental health conditions such as depression or post-traumatic stress disorder (PTSD) are not severe enough to qualify for reasonable accommodations at work.
However, the ADA provides a broad definition of a disability:
- A person with a disability is a person who has a physical or mental impairment substantially limiting one or more major life activities.
The definition includes individuals who have a record of an impairment or:
- Have an impairment not substantially limiting a significant life activity,
- Have an impairment substantially limiting a significant life activity only as a result of the attitudes of others toward them, or
- Do not have any impairment, but an entity treats the individual as having an impairment.
The ADA’s definition allows any employee suffering from depression to seek reasonable workplace accommodations to improve the overall quality of life.
How to Get a Reasonable Accommodation for Depression
An employee should contact a Human Resources (HR) manager, supervisor, or another relevant member of the company to begin the process of receiving reasonable accommodations. The employer may require the employee to provide the request in writing and a letter from the employee’s health care provider. The letter should document the employee’s mental health condition and certify the employee needs accommodation. The Equal Employment Opportunity Commission (EEOC) recommends requesting a workplace accommodation before any condition worsens and becomes substantial. Proactively seeking reasonable accommodation ensures an employer does not dismiss the employee for poor job performance, even if the quality of work is due to the mental health condition.
Types of Reasonable Accommodations for Depression at Work
Employees may be hesitant to request a reasonable accommodation because the change could create considerable workplace disruption and draw unwanted attention. Yet, a reasonable accommodation can be as small and discrete as an employee desires. An employee may even ask for a specific accommodation if the person believes the change would prove especially beneficial.
Reasonable accommodations for depression at work may include:
- Permission to work from home,
- Quieter office space,
- Changes in supervisory methods,
- Altered break and work schedules,
- Altered shift assignments,
- Devices to achieve an optimal work environment, and
- Any other feasible change is relevant to improving an employee’s ability to perform necessary job functions.
Reasonable accommodations are not a one-size-fits-all arrangement. For example, an employee whose depression is causing fatigue could receive an altered work schedule to allow for more rest in the morning. An employer and employee can work together to find the proper adjustments to suit an employee’s needs.
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FAQs About Reasonable Accommodations for Depression at Work
Can an employer refuse to provide reasonable workplace accommodation?
The EEOC requires an employer to provide an alteration to help an employee perform occupational tasks unless delivering the accommodation involves significant difficulty or expense.
Can an employer charge me for the cost of a workplace accommodation?
No, an employer may not charge an employee for the cost of any workplace accommodation.
Can I choose to keep my mental health condition private in the workplace?
Yes, an employee can choose to keep a mental health condition private in the workplace under most circumstances. The EEOC allows an employer to ask questions regarding mental health in the following situations:
- When an employee asks for a reasonable accommodation,
- When an employer engages in affirmative action for people with disabilities (an employee may choose whether or not to respond),
- After an employer makes a job offer, but before an employee begins employment if all applicants entering the same job category receive the same
- questions, or
In the workplace, if objective evidence indicates an employee may pose a safety risk or be unable to perform the job due to the condition.
An employee may also desire to discuss a mental health condition to receive benefits under other laws or programs. However, an employer must ultimately keep any information regarding an employee’s mental health condition confidential from all other business members.
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