As employers across the country implement return-to-office (RTO) mandates, many employees are facing new mental and emotional challenges. Conditions like anxiety, depression, and other mental health disorders are increasingly driving requests for remote or hybrid work accommodations.
Importantly, under the Americans with Disabilities Act (ADA), you may have a legal right to request such accommodations — and your employer is legally obligated to consider them.
If you’re struggling with in-person work due to mental health issues, you’re not alone. The EEOC reports that disability discrimination charges related to mental health increased over 20% between 2019 and 2022, with anxiety and depression being the most cited conditions. A 2023 survey by the American Psychological Association found nearly 30% of employees have considered or made a mental health accommodation request.
Table of Contents
- Legal Protections Under the ADA
- Making a Request for Accommodation
- Recognizing Inappropriate Responses
- Why This Matters
- Final Thoughts
Legal Protections Under the ADA
The ADA prohibits discrimination against individuals with disabilities, including mental health conditions such as:
- Generalized anxiety disorder
- Major depressive disorder
- PTSD
- Bipolar disorder
- Panic disorder
- OCD and others
Employers with 15 or more employees must provide reasonable accommodations unless doing so creates an undue hardship on their operations.
A reasonable accommodation is any change to the work environment or job duties that allows you to perform the essential functions of your role. For mental health-related conditions, this often includes:
- Remote work arrangements
- Flexible scheduling or reduced hours
- Extra breaks or quiet workspaces
- Reassignment to a less stressful role
Making a Request for Accommodation
If your mental health condition makes returning to the office difficult, here’s how to initiate the accommodation process:
1. Initiate the Request
You don’t need legal language. A simple statement like:
“Due to my mental health condition, I’m having difficulty working in the office. I’d like to request an accommodation.”
…is enough to start the process.
2. Provide Medical Documentation
Your employer can request medical verification. Your doctor or therapist should provide documentation stating:
- That you have a mental health condition (diagnosis optional)
- That the condition impairs your ability to work in person
- How a proposed accommodation (like telework) would help
📌 Employers are not entitled to full access to your medical records.
3. Engage in the Interactive Process
Your employer must engage in a timely, good-faith conversation to explore workable accommodations. This process is collaborative — both sides should propose and evaluate reasonable solutions.
4. If the Request Is Denied
Employers must give a clear, legitimate reason for denial. If your request is denied:
- Ask for a written explanation
- Propose alternative accommodations
- Consider appealing internally or speaking with an employment attorney
Recognizing Inappropriate Responses
Some employers mishandle accommodation requests. Be alert for the following red flags:
- Flat-out refusal without discussion
- Ignoring or delaying your request
- Retaliation or poor treatment after disclosure
- Requiring excessive medical details
If you experience any of the above, consider contacting HR, a legal aid clinic, or an employment law attorney.
Why This Matters
Mental health is just as protected under the ADA as physical health. While not every remote work request must be granted, your employer must seriously evaluate whether:
- The job can be done remotely
- A hybrid or flexible option is possible
- The accommodation imposes undue hardship (they must prove this)
Requesting a mental health accommodation is not a weakness — it’s a legally protected right designed to help you work safely and productively.
Final Thoughts
Returning to the office after years of remote work isn’t easy — and for many with mental health conditions, it’s more than uncomfortable. It can be debilitating.
If you’re struggling, know this:
- You have rights under the ADA
- You can request accommodations without fear
- You do not have to disclose your entire medical history
- You’re entitled to a workplace that supports your mental well-being
Need Legal Help?
If your employer has denied or mishandled your mental health accommodation request, The Spiggle Law Firm is here to help. We represent workers in Virginia, Maryland, and Washington, D.C., and specialize in cases involving:
- Mental health discrimination
- ADA accommodation denials
- Retaliation and workplace harassment
Contact us for a confidential consultation at spigglelaw.com/contact.
