When Does an Employee’s Anxiety Trigger ADA Accommodation Obligations?

JDSupra (03/28/25) Crotty, Jonathan

Employers should be aware that general anxiety is not a disability under the Americans With Disabilities Act, and U.S. Equal Employment Opportunity Commission guidance states that an employee’s self-diagnosis of anxiety or depression does not mean they have a mental condition that significantly interferes with a major life function. Only when such condition has been diagnosed by a medical professional can it meet the definition of a disability under the ADA or a serious health condition under the Family and Medical Leave Act.

However, it is important that human resource personnel do not ignore an employee’s expressions of anxiety or depression, informing them that the company can work to minimize the condition’s impact on their work. The employee should be asked to provide information from their medical provider stating the diagnosed condition, the anticipated recovery time, and identification of any accommodations that could assist them in performing the essential functions of their job. If the employee requests leave due to the condition and is FMLA eligible, the employer should use the FMLA medical certification form to obtain this information. If a medical professional has not confirmed the employee’s self-diagnosis, the employer legally does not have to treat the situation as an ADA disability or engage in the interactive process required for ADA accommodations.