Anxiety may be an invisible ailment, but those who suffer with anxiety disorders know that it can often feel more debilitating than other more physically visible disabilities. When leaving your home or even getting out of bed is a great challenge, being in the workplace and fulfilling certain job duties can be nearly impossible.
According to the National Alliance on Mental Health, over 40 million Americans suffer from an anxiety disorder. For some, the condition is so severe that they cannot maintain gainful employment in the workplace. However, others who can fulfill their job duties with some reasonable modifications to their schedule or the details of their work may wish to do so.
If you suffer from an anxiety disorder and wonder if you may be entitled to a reasonable accommodation in the workplace from your employers, you’re in the right place. Let’s dive into a discussion about your legal rights and options.
Legal Protections that Apply to Anxiety Disorders
The American with Disabilities Act (ADA) is a federal law that protects individuals with disabilities against discrimination and requires that employers provide employees with disabilities with reasonable accommodations as needed, unless doing so would create an undue burden to the employer. The ADA applies to all California businesses with 15 or more employees. California has an equivalent state law called the California Fair Employment and Housing Act (FEHA).
Under the ADA, a disability is defined as a physical or mental impairment that creates a substantial impairment to one or more life activities. Whether the condition of anxiety meets this definition depends on the severity of your symptoms and the impairment your anxiety causes to your life activities. So, it is possible that one individual has anxiety that rises to the level of being a disability under the law and another individual has anxiety that is not severe or impairing enough to be legally or medically considered a disability.
Appropriate Reasonable Accommodations for Anxiety
Some severe and potentially life impairing symptoms of anxiety disorders include panic attacks, intense feelings of danger or doom, racing heart rate, rapid breathing, lightheadedness, hyperventilation, trembling, inability to concentrate, and even passing out.
If your doctor determines that your anxiety is impairing your life activities to the point that your condition constitutes a disability and recommends a reasonable accommodation in your workplace to help you cope with and manage your symptoms, then your employer is legally required to provide the reasonable accommodation, unless doing so would present an undue hardship to your employer. Note that your doctor’s recommendation is not required, but helpful in the process.
Some examples of potential reasonable accommodations for an anxiety disorder may include but are not limited to:
- A service companion animal;
- A rest area;
- Modified work schedule; or
- Remote work.
Your reasonable accommodation will be unique to your medical needs, as well as your work environment and job duties. For example, if walking through a parking lot at night or driving at night is a significant trigger to your anxiety and your employer can move you to an earlier shift without experiencing an undue burden to their business operations, then they may be legally required to do so.
How to Request a Reasonable Accommodation
To request a reasonable accommodation in the workplace, let your supervisor know that you need an adjustment due to your disability. You are not required to use any particular language or make your request in writing. You also do not need to use the phrase “reasonable accommodation”, but you must put your employer on notice that you are requesting a change based on a medical condition. It can be helpful to obtain a doctor’s note stating your medical disability and the accommodation needed, but a doctor’s note is not required.
If your request is denied or you believe the accommodation offered to you is inadequate, your employer may be violating your rights under federal and California law. Your employer may claim that the requested accommodation would cause them an undue burden, but they need to be able to support that assertion.
Navigating a likely uncomfortable dispute with your employer is not something anyone wants to do, especially if you are already suffering from an anxiety disorder. If you believe your rights to a reasonable accommodation are being unlawfully denied by your employer, this is a battle you can outsource to a skilled and experienced employment attorney. Don’t let this situation take any more peace from you. Contact our team of seasoned California employment lawyers today and let us fight for you. If you believe you have been denied fair accommodations, you should consult with an experienced California employment law attorney. The best step to take is to consult with our team now. Reach out for a confidential and free consultation here.
