Mental health accommodations at work can greatly improve our mental health and our sense of well-being. Sometimes, our mental health can get in the way of us doing our jobs effectively. When this happens, it’s okay for us to ask for help or request accommodations. This doesn’t mean that we can’t do our jobs. We just need support to get them done. Asking for mental health accommodations is well within our rights as an employee, and many employers offer them.
Who can receive mental health accommodations?
Under the Americans with Disabilities Act (ADA), people with mental health conditions have the right to ask for mental health accommodations. This includes people who live with mental health conditions like depression, PTSD, anxiety, substance use disorders, and others. No matter how severe your symptoms are, you can ask for accommodations. You are also protected against harassment and discrimination. And have the right to keep your mental health condition private from your coworkers. [1]
What accommodations can I ask for?
There are a variety of mental health accommodations you can receive as long as they are considered reasonable. Reasonable accommodations are adjustments made to work environments. They make it possible for an employee to perform their essential job duties. [2] Many reasonable accommodations come at little to no cost to the employer.
Here are examples of reasonable job accommodations, modifications, and equipment or technology you can ask for: [1][2]
Accommodations
- Flex-work: telecommuting or working from home (remote work)
- Scheduling: adjusting hours, working part-time, shared work responsibilities
- Leave: using sick leave for mental health or flexible vacation time
- Breaks: more frequent breaks, flexible breaks, and having coverage for breaks
- Allowing food/ beverages to at the work station
- On-site job coaches
- Changing schedule to accommodate therapy appointments
- Changing supervisory methods
Modifications
- Reducing or removing distractions from the work area
- Dividers, partitions, soundproofing, or visual barriers to reduce sound or visual distractions in the work area
- Office/ work space away from loud machinery
- Reducing workplace noise (ex: sounds of telephone)
- Increased natural lighting or full spectrum lighting
- Music in a headset to block out distractions
Equipment/ Technology
- Recording meetings and training sessions
- White noise or sound machines
- Handheld electronic organizers, software calendars and organizer programs.
- Remote job coaching
- Laptop computers or personal digital assistants
- Office computer access via remote locations.
- Software that minimizes computerized distractions such as pop-up screens
If you feel that any of the accommodations above may help you at work, then it may be a good idea to start the process of requesting accommodations. Job Accommodation Network (JAN) has the resources to help you get started. They provide free, confidential, and expert support for people seeking job accommodations.
What if my accommodations are denied?
Sometimes, even if you do everything right, your request for accommodations is denied. If this happens, it’s important to know your rights.
Know your rights
Remember, your employer cannot fire you because of your mental health condition. And mental health accommodations are put in place to help you perform your essential job function. But, if you cannot perform your job duties, then your employer does the right to fire you. Employers can also deny accommodations if they are not considered reasonable. For example, if they are disruptive to the workplace, cost too much, or negatively impact job function, then they can be denied. [1]
If your rights have been violated, then you can file a charge with the Equality Opportunity Employment Commission (EEOC). The charge must be filed within 180 days to report your employer. The EEOC will investigate and take further legal action if needed. While it might be scary to file a charge, it’s helpful to know that it’s illegal for your employer to retaliate for you contacting the EEOC or filing the charge. [1]
While you do have rights, depending on your supervisor, where you work, and the culture of your company, unfortunately, it can still be difficult to get mental health accommodations.
Get support
If your request for mental health accommodations is denied, then there are several places where you can find support.
- Use JAN to find support. JAN is available to help you at any time. They can provide tips and resources to help you negotiate your accommodations. For example, they provide a sample accommodation request letter to help you document your request for accommodations.
- Reach out to a mental health professional. You can also talk to your therapist or another mental health professional about what paperwork and documents you need or what recommendations they might make for your accommodations.
- Talk with your HR department. It may be helpful to reach out to HR to understand why your accommodations were denied, and how you can work together to get the accommodations that you need.
- United States Equal Employment Opportunity Commission. (2016, December 12). Depression, PTSD, & Other Mental Health Conditions in the Workplace: Your Legal Rights. https://www.eeoc.gov/laws/guidance/depression-ptsd-other-mental-health-conditions-workplace-your-legal-rights
- Office of Disability Employment Policy. (n.d.). Accommodations for Employees with Mental Health Conditions. https://www.dol.gov/agencies/odep/program-areas/mental-health/maximizing-productivity-accommodations-for-employees-with-psychiatric-disabilities
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