Around 21 million adults, or 8.4% of all adults, in the US have experienced at least one major depressive episode.¹ That’s no small number. Job-related worries about possible job loss or being passed over for a promotion can add extra stress and exacerbate symptoms for anyone who lives with depression.
Under federal law, you may be eligible for workplace accommodations that can make an important difference in your outlook and recovery.
Work can be a way to organize your day and add purpose to your life. But when you’re struggling with depression, the stress of a full-time job can make a tough situation worse by destroying self-esteem and messing with your overall wellbeing.
“Work [can be] therapeutic. Having a job can facilitate a positive recovery from depression,” says Michael Shahnasarian, PhD, a Tampa, Florida-based psychologist who focuses on the rights of workers with disabilities. “Having a job can break the inertia that depression can cause, and for many people working is connected to having positive self-image. So, it’s important to seek help through support at work.”
Is Depression Covered by the ADA?
Depression, along with post-traumatic stress disorder (PTSD) and other mental health conditions, is covered by the Americans with Disabilities Act (ADA).
The ADA has been in place since 1992 and is meant to protect people with disabilities from being discriminated against by employers. Changes to the ADA in 2008 expanded the definition of disability: For the first time, with these changes, people with “invisible” conditions like depression were protected.
Under the ADA, you are entitled to reasonable accommodations to do your job while living with depression. You are protected at work against harassment and discrimination, and you have the right to privacy in the workplace.²
Is Depression Considered a Disability in the Workplace?
Depression is considered a disability in the workplace, but you may need some medical documentation if you are requesting a reasonable accommodation to show it is needed to perform the job, says Darcy Gruttadaro, JD, chief innovation officer at the National Alliance on Mental Illness (NAMI). “You have to show that the accommodations are needed because depression is limiting your ability to work but that you can perform your job with reasonable accommodations,” she says.
“Just having a diagnosis of depression does not per se qualify you for protection under the ADA,” Gruttadaro says. “You have to show that depression interferes with your ability to work or your job performance.”
Say that a person with major depression feels that they cannot get out of bed to perform any work, with or without accommodations. “Then you may not have protections under the ADA, but you have rights under other federal and state laws like the Family and Medical Leave Act (FMLA) that allow you to take leave to get better to a point where you can perform your job,” Gruttadaro says.
On the other hand, a situation where an employee with major depression experiences fatigue and needs time off for doctor visits may qualify for ADA accommodations.
Which Mental Health Conditions Qualify as a Disability?
Among the mental health conditions that qualify as a disability under the ADA are:²
Major depression
PTSD
Bipolar disorder
Schizophrenia
Obsessive-compulsive disorder (OCD)
How Can You Get Accommodations at Work Under the ADA?
“Most often, the HR [human resources] department works with the employee to come up with reasonable accommodations,” Gruttadaro explains. “Say the employee needs to adjust their work schedule to slightly later in the day because they are taking medications that make them tired in the morning. Or they may need flexibility so they can go to their medical appointments, or they need to have a quiet environment to focus.”
These are the types of situations that could be accommodated, she says, with things like a noise-cancelling headset, white noise machine, or a workday schedule that begins and ends a little later.
Some people may ask to telework for part of their schedule, and the employer may agree to a hybrid schedule if it does not impose a major burden on the business or co-workers.
“If the employee and HR can come to agreement about accommodations, they may see how it is working and make any needed adjustments,” Gruttadaro says.
How to Qualify For ADA Protection and Benefits
To have an “actual” disability, the ADA notes that you must be substantially limited in performing a major life activity.³
It is complicated, Gruttadaro says. The disability must consist of either a physical or mental impairment that substantially limits a major life activity. Major life activities consist of caring for yourself, seeing, hearing, sleeping, eating, and working.
“So working is considered a major life activity and if depression limits your ability to work, then you may qualify for ADA protection,” Gruttadaro explains.
A person needs only to be substantially limited in one major life activity in order to be covered under the definition of “disability.”³
However, Gruttadaro says, every case is different. “For the employer, it cannot present an undue burden,” she says. “Most cases are fairly easy to negotiate and people can come to agreement, but other cases can end up in litigation.”
How to Negotiate Reasonable Accommodations
A good place to start is with your HR department, Gruttadaro says. They can require medical documentation from you.
And while you don’t have to disclose your condition, you must document that you have a condition that is considered a disability and that you would like some accommodations so you can perform your job.
Disclosing your Depression
People with depression who are looking for accommodations at work may struggle with disclosing personal information in a work setting, says Kenneth Manges, PhD, a forensic psychologist in Cincinnati, Ohio.
“They may feel stigmatized or embarrassed,” he says. “This is when it can be helpful to speak to their HR department and find out if there is an Employee Assistance Program (EAP). If one is in place, they could get up to five sessions for free and this would not be reported to the employer. It is confidential, so the employee doesn’t need to worry about what they are discussing.”
Although they are not required, companies may have both internal EAPs as well as external EAPs that are run by a third party, says Gruttadaro, and large companies are more likely to have both.
Through an external EAP, the employee can have a certain number of sessions with a counselor. “The benefit of an external EAP is that many employees feel comfortable reaching out because it is a separate organization,” Gruttadaro says. “They may be sharing sensitive information with the counselor, but they may still be concerned that their employer may find out.”
The number of employees who make use of an EAP are low. “Nationally, only 3% to 5% of people are using these EAPs when they are available,” Gruttadaro says.
Dealing with Discrimination in the Workplace
The federal Equal Employment Opportunity Commission (EEOC) is responsible for protecting you from employment discrimination because of your race, sex, gender identity, disability, or other factors.
That means the laws protect you when the discrimination involves unfair treatment; harassment by managers, co-workers, or others in your workplace; denial of a reasonable workplace change; improper questions about or disclosure of your genetic information or medical information; and retaliation because you complained about job discrimination or you helped with a job discrimination proceeding, like a lawsuit or investigation.⁴
Frequently Asked Questions
Under the Americans with Disabilities Act, as long as you work in a company with 15 or more employees, you are entitled to privacy about your mental health condition. You are not required to tell HR about your condition, and they are not permitted to ask you to divulge details about your request for accommodations.
While some people may opt to share with HR their diagnosis, every case is different. The most important thing is that you are an advocate for yourself.
“Before you decide whether or not to tell HR, ask yourself, what do I need to manage my depression?” psychologist Michael Shahnasarian says. “Ask yourself, do I need to get some support? Do I need time to go to therapy?”
Some companies offer mental health services like Employee Assistance Programs (EAP), under which an employee can get a limited number of free mental health counseling sessions. These programs provide a range of services such as help with emotional and substance abuse issues, interpersonal relationships, financial difficulties, and other problems that interfere with an employee’s sense of well-being and work performance.
They are generally offered at no cost to the employee although the number of sessions may be limited.⁵
It is illegal for an employer to discriminate against you because you have depression, so you cannot legally be fired, rejected for a job or a promotion, or forced to take a leave. That said, an employer does not have to keep people in a job if the people cannot perform the job. They also do not have to keep people who pose a significant safety risk to themselves or to others.
However, an employer is not permitted to rely on stereotypes about your depression when deciding if you can or cannot perform your job and whether you pose a safety risk. The employer would only be able to reject you for a job if there is objective evidence that you can’t perform your job duties or would create a significant safety risk even when you are given reasonable accommodations.²
Reasonable accommodations in the workplace mean that the accommodations are not economically difficult for the employer to carry out, says forensic psychologist Kenneth Manges. They also should fall within economic and safety regulations. “And they should not pose obstacles to other employees,” he says. “Not only do the accommodations need to be safe for all employees, but they must be reasonable.”
Sometimes, an employee may work with a clinician who could advise what they need, Manges says. “Perhaps it is flexibility,” he adds. “Or it could be coaching for an employer so that the employer would gain a better understanding of depression.”
In the end, it often comes down to a compromise. “You want to meet the needs of both the employer and the employee,” NAMI’s Darcy Gruttadaro says. “Many people with depression are able to get reasonable accommodations and continue to do well at work.”
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