An employee sued the company and was awarded $450,000 by Jury after unwanted birthday party induced a panic attack at work place.
Anxiety, along with other mental health issues such as OCD, panic disorders, and PTSD, is considered a disability by the Social Security Administration. This article explores anxiety as a disability under the ADA, reasonable accommodations for anxiety, and workplace accommodations for anxiety.
What is Anxiety?
An anxiety disorder is a condition characterized by intense, excessive, and persistent feelings of worry, fear, and tension. For those who have anxiety in a true sense, these feelings are not just nerves or anxiousness, but rather, an overwhelming feeling of alarm and even terror that can be provoked by basic day-to-day events or situations.
Is Anxiety a Disability?
Anxiety, along with other mental health issues such as OCD, panic disorders, major depressive disorder, and PTSD, is considered a disability by the Social Security Administration and qualifies for benefits. To accept anxiety as a disability, the SSA requires proof that anxiety makes it impossible for an individual to work, along with evidence that matches the SSA’s blue book requirements for approval.
A basic daily event can cause anxiousness for someone with a disability. For example, an employee sued their company and was awarded $450,000 after an unwanted birthday party induced a panic attack in the workplace.
What Constitutes a Disability Under the ADA?
Can work-place anxiety or stress be covered by the Americans with Disabilities Act? When can job-related anxiety fall under that definition?
As with most medical conditions, it depends on numerous factors. The ADA protects individuals with a “disability,” which is loosely defined as “a physical or mental impairment that substantially limits one or more major life activities.” With sufficient evidence to support the anxiety disability and if it falls under the approved guidelines, the employee can come under the ADA.
Employees with psychiatric disabilities have two major rights under the ADA: the right to privacy, meaning they can choose not to tell their employer about the disability unless they need an accommodation, and the right to a workplace accommodation.
Why is Reasonable Accommodation Important?
Reasonable accommodation is essential for employing and retaining quality employees. Employers do not want to miss out on hiring the perfect candidate for the job due to their disability. Retention of valued employees is another reason why employers opt for reasonable accommodation for their employees.
According to the Job Accommodation Network’s report, “90% of respondents said providing accommodation helped them retain a valued employee.” Additionally, employers see a direct impact on employee attendance, productivity, promotions, and retention all because of reasonable accommodation.
Reasonable accommodation eliminates the costs of hiring and training a new employee. Additionally, providing reasonable accommodations can help save on workers’ compensation or any other insurance-related costs. There is almost no cost associated with providing reasonable accommodations to employees with anxiety or stress disabilities.
There are several workplace accommodations that can be integrated to improve an employee’s mental health and well-being. Below are a few workplace accommodations that help employees with depression and anxiety:
1. Flexible scheduling.
2. Workplace attendance.
3. Allowing more frequent breaks.
4. Sitting arrangements.
5. Lighting.
6. Tools for limiting external distraction.
7. Additional time to organize and understand tasks.
8. A flexible work environment.
Anxiety can be a debilitating condition for those who suffer from it. However, it is important to understand that anxiety is recognized as a disability under the Social Security Administration and the Americans with Disabilities Act. Employers have a responsibility to provide reasonable accommodations to employees with anxiety to ensure that they can work effectively and thrive in the workplace. By doing so, employers can not only improve the mental health and well-being of their employees but also improve the productivity, attendance, and retention of valuable staff. It is important for employers and employees alike to understand the impact of anxiety as a disability and the resources available to support those who suffer from it.