Most human resource professionals can attest to meeting with employees who state that they are struggling with anxiety issues that affect their work performance. Does an employee’s disclosure of problems dealing with anxiety mean that the employer must try to accommodate those issues under the Americans with Disabilities Act? As any good lawyer will say, the answer is "it depends."

General anxiety is not an ADA disability. Everyone feels anxious at times, and Equal Employment Opportunity Commission guidance makes clear that an employee’s self-diagnosis of anxiety or depression does not mean that they have a mental condition that significantly interferes with a major life function. Anxiety can meet the definition of an ADA disability (or FMLA serious health condition), but only when such condition has been diagnosed by a medical professional.

This does not mean that HR professionals should ignore an employee’s expressions of anxiety or depression. The employee can be told that if he or she is experiencing mental health issues, the company can try to work with them to minimize the impact of that condition on their work. The first step in the process is for the employee to provide information from their medical provider stating the diagnosed condition, the anticipated recovery time, and identification of any accommodations that could assist the employee perform his or her essential job functions. If the employee requests leave due to the condition and is FMLA eligible, the employer should use the FMLA medical certification form to obtain this information.

In some circumstances, the employee’s self-diagnosis has not been confirmed by a medical professional. In the absence of such certification, employers are not legally required to treat the situation as an ADA disability. While the company may try to address an employee’s generalized expressions of anxiety, it does not have to engage in the interactive process required for ADA accommodations.

For more information, please contact me or your regular Parker Poe contact. Click here to subscribe to our latest alerts and insights.