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Understanding Anxiety
Anxiety disorders affect 18% of adults in the United States each year, making them the most common mental health disorders. Genetics, life events, changes in brain chemistry, and other factors can contribute to the development of an anxiety disorder. The disorder can be divided into generalized anxiety disorder (GAD), panic disorder, social anxiety disorder, and phobias based on the severity, duration, and frequency of symptoms. Additionally, the Anxiety and Depression Association of America includes obsessive-compulsive disorders, depression disorders, and post-traumatic stress disorder.
Claiming Disability
If you believe that anxiety significantly affects your work regularly, it may be helpful to consider whether it is legally defined as a disability and thus should receive certain protections and accommodations. The Americans with Disabilities Act (ADA) applies to businesses that have 15 or more employees. The ADA defines disability as follows: the ADA defines a person with a disability as someone who has a physical or mental impairment that substantially limits one or more major life activities. This includes individuals with a history of such an impairment, even if they are not currently experiencing a disability.
Assessing Anxiety as a Disability
If you request accommodations under the ADA, you may be asked to fill out a medical information form. You may be required to visit a doctor and ask them to complete the necessary information. In addition to federal laws, many states have laws governing the medical information an employee must provide to their employer. Be sure to check with your human resources department for the paperwork you need to complete.
Reasonable Accommodations
Accommodations that may be considered reasonable for anxiety disorder include working remotely, having a support animal, a modified schedule, or a quiet area. These accommodations should be considered “reasonable” for the type of job you are performing. According to the U.S. Department of Labor: a reasonable accommodation is a modification or adjustment to the job, work environment, or the usual way things are done during the hiring process. These adjustments allow individuals with disabilities an equal opportunity to obtain employment and perform job tasks at the same level as those without disabilities.
Frequently Asked Questions (FAQs)
Should I request accommodations for anxiety in writing? You don’t have to do that, but it’s a good idea. That way, you’ll have documentation to support your request, and you can ensure that it is clearly communicated to your HR manager and anyone else involved in processing the request. Does my employer have to give me what I ask for to help manage my anxiety? They do not have to provide exactly the accommodation you ask for, but the employer must engage in a “flexible interactive process” with you to try and find a solution. Your request should be addressed in a timely manner. If you follow up with your manager or HR department and do not get what you need, you may want to consider hiring an attorney.
Source: https://www.thebalancemoney.com/is-anxiety-considered-to-be-a-disability-at-work-4176381
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