“She Doesn’t Look Like She Has a Disability ….” Handling Accommodation Requests from Employees with Mental Health Disabilities

By Lana L. Rupprecht, Esq., Director and Product Compliance Counsel, Reliance Matrix

Identifying and managing employees who have mental illnesses, such as depression, anxiety, and post-traumatic stress disorder, continue to challenge employers and garner attention from the Equal Employment Opportunity Commission (EEOC). In 2021, the EEOC received about 8,400 charges from individuals alleging discrimination due to a mental health condition or substance use disorder.¹

How should employers handle accommodation requests from employees with mental impairments? Consider the following:²

A long-term employee has recently shown significant performance decline, so you suggest a performance improvement plan. In response, she begins to cry and seems to have trouble breathing. You tell her to go home for the day, and you will resume discussions tomorrow. The employee calls the next day asking for time off because she is “depressed and stressed” and states she will need workplace adjustments upon her return.

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