Seeking Mental Health Accommodations at Work

Before COVID-19 hit, I felt extremely stressed out at work and pushed to my limits emotionally, to the extent that I believed I might have an anxiety disorder. I regularly experienced panic attacks, feelings of dread, and trouble concentrating, but never spoke to a medical professional about it. I have had anxiety around the virus itself, and I’m juggling a high-pressure job while caring for two young children attending school on Zoom. I think my symptoms are worse now than before the pandemic. I worry about how I will readjust once I am asked to physically return to the office and how my anxiety will affect my performance. Do I have any options that might ease my return to work? 

—Lenora

Thank you for writing to us about this important and personal issue. Certainly, the COVID-19 pandemic can be described as a global traumatic event that has created unique stresses on many while exacerbating preexisting mental health conditions. This is particularly acute with working mothers such as yourself who struggle with anxiety. 

The general stress and anxiety we all feel from time to time regarding work, family life, and yes, even the pandemic, does not constitute a disability under California law. However, anxiety disorders, depression, and related mental health conditions can constitute disabilities under the law. If your employer employs five or more persons and if you are found to be a qualified person with a disability under the Fair Employment and Housing Act (Cal. Gov. Code § 12900), you are entitled to reasonable workplace accommodations to help you perform your job. To be a “qualified person with a disability” you must meet the skill, experience, education, and job-related requirements and be able to perform the essential functions of your job with or without reasonable accommodation.

If you are found to have a mental health condition that affects your ability to perform your essential job functions, it is important to give notice to your employer as soon as possible if you wish to explore workplace accommodation options. This should be in writing whenever possible. 

Once an employer receives the notice, the California Fair Employment and Housing Act requires the employer to engage in an interactive process with the employee to explore reasonable accommodations that would assist the employee in performing the essential functions of their job. The keyword there is “reasonable.” What is considered reasonable? After the year we’ve just had, the answer is not as clear as it once was.  

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