May is Mental Health Awareness Month — a timely reminder for employers to reflect on how mental health intersects with workplace obligations under the Americans with Disabilities Act (ADA). Many employers across the country report an increase in questions and claims involving mental health conditions, especially as employees continue to navigate post-pandemic stressors, hybrid work challenges, and a heightened cultural focus on well-being.
Mental Health and the ADA: The Legal Landscape
The ADA requires employers with 15 or more employees to provide reasonable accommodations to qualified individuals with disabilities, unless doing so would pose an undue hardship. Mental health conditions such as depression, anxiety, bipolar disorder, PTSD, and others can qualify as disabilities if they substantially limit one or more major life activities, including working.
Importantly, many of these conditions are not immediately visible, and employees may not disclose them until a triggering event occurs. Employers must be prepared to respond thoughtfully — and lawfully — when mental health enters the conversation.
The Rise in Mental Health Accommodation Requests
Since 2020, employers have reported a steady uptick in requests for mental health-related accommodations. These might include modified work schedules, remote or hybrid work arrangements, quiet workspaces, extended leave, or even changes in supervisory methods.
The Equal Employment Opportunity Commission (EEOC) has made clear that mental health conditions are treated the same as physical conditions under the ADA. That means employers must engage in an individualized, interactive process to explore reasonable accommodations once they are notified of a potential disability.
Common Pitfalls Employers Should Avoid
Too often, employers unintentionally violate the ADA by dismissing a mental health concern as a "performance issue" without first considering whether an underlying condition might be at play. Here are a few key pitfalls to avoid:
- Ignoring Red Flags: An employee doesn't need to use the words "disability" or "accommodation" to trigger ADA obligations. If an employee mentions stress, anxiety, or being under medical care, that's often sufficient to start the interactive process.
- Requesting Too Much Information: Employers are entitled to medical documentation, but only to confirm the existence of a disability and need for accommodation. Invasive or overly broad inquiries can lead to legal exposure.
- One-Size-Fits-All Approaches: Mental health accommodations are highly individualized. What works for one employee may not work for another, even if they have the same diagnosis.
Best Practices for Employers
To mitigate risk and create a healthier, more inclusive workplace, employers should:
- Train supervisors to recognize potential ADA triggers and refer employees to HR or legal when appropriate.
- Maintain a consistent, well-documented interactive process that treats mental and physical disabilities equally.
- Consider proactive accommodations where feasible, such as flexible work hours or wellness programs, which can reduce the need for formal requests.
- Foster a culture of openness and support, making it clear that the company takes mental health seriously and complies with legal obligations.
Mental health accommodations are not just a legal requirement — they are a business imperative. Companies that take mental health seriously tend to see improvements in employee retention, engagement, and productivity. Employers are encouraged to consult counsel early when navigating complex ADA situations.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
