HR Question: Anxiety and Depression as Disabilities

Question: Are depression and anxiety considered disabilities?

Answer: They can be, yes. Under the Americans with Disabilities Act (ADA), a disability is defined as “a physical or mental impairment that substantially limits one or more major life activities.”

Some examples of major life activities are caring for oneself, performing manual tasks, eating, sleeping, speaking, breathing, learning, reading, concentrating, thinking, communicating, and working. A major life activity also includes the operation of a major bodily function, such as neurological, brain, and respiratory functions.

Although the condition must “substantially limit” a major life activity, this term is broader than you might think. “Substantially limits” doesn’t mean that the condition has to prevent or significantly restrict a major life activity. Rather, the comparison is between the employee’s level of functioning as compared to most people in the general population. It is not a demanding standard. 

If an employee informs you that they have anxiety or depression and requests an accommodation, you should begin the interactive process. Basically, you and the employee determine what, if anything, can be done to accommodate them so that they can perform the essential functions of their job and have equal benefits and privileges of employment. As part of this conversation, you may require the employee to provide documentation to support their request for an accommodation.

This Q&A was provided by Mineral, powering the UST HR Workplace. Have HR questions? Sign your nonprofit up for a FREE 60-day trial here. As a UST member, simply log into your Mineral portal to access live HR certified consultants, 300+ on-demand training courses, an extensive compliance library, and more.

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11/04/22 12:33 PM

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Privacy Policy

Privacy Policy and Terms of Use

UST maintains a secure site. This means that information we obtain from you in the process of enrolling is protected and cannot be viewed by others. Information about your agency is provided to our various service providers once you enroll in UST for the purpose of providing you with the best possible service. Your information will never be sold or rented to other entities that are not affiliated with UST. Agencies that are actively enrolled in UST are listed for review by other agencies, UST’s sponsors and potential participants, but no information specific to your agency can be reviewed by anyone not affiliated with UST and not otherwise engaged in providing services to you except as required by law or valid legal process.

Your use of this site and the provision of basic information constitute your consent for UST to use the information supplied.

UST may collect generic information about overall website traffic, and use other analytical information and tools to help us improve our website and provide the best possible information and service. As you browse UST’s website, cookies may also be placed on your computer so that we can better understand what information our visitors are most interested in, and to help direct you to other relevant information. These cookies do not collect personal information such as your name, email, postal address or phone number. To opt out of some of these cookies, click here. If you are a Twitter user, and prefer not to have Twitter ad content tailored to you, learn more here.

Further, our website may contain links to other sites. Anytime you connect to another website, their respective privacy policy will apply and UST is not responsible for the privacy practices of others.

This Privacy Policy and the Terms of Use for our site is subject to change.