Your Rights at Work When You're Depressed

Navigating the workplace while dealing with depression can be challenging, but knowing your rights is essential for ensuring fair treatment and support. Here's an overview of your rights under the Americans with Disabilities Act (ADA) and how to navigate workplace conversations.

Are You Covered by the ADA?

The ADA offers protection to individuals with disabilities, including those with depression. To qualify, you must meet the following criteria:

• Physical or Mental Impairment: You must have a physical or mental impairment that substantially limits one or more major life activities, such as working, learning, caring for yourself, or performing manual tasks.
• History of Impairment: You have a history of such an impairment.
• Regarded as Having Impairment: You are regarded as having such an impairment, even if you don't currently have it.

What Is a Mental Impairment?

Mental impairments covered by the ADA include mental or psychological disorders recognized in the DSM-V, such as major depressive disorder, bipolar disorder, anxiety disorders, schizophrenia, and personality disorders.

Conditions Not Covered: Adjustment disorders, relationship troubles, or illegal drug use are not covered under the ADA.

Substantial Limitation:

A substantial limitation is a significant restriction in a major life activity. It doesn't have to be permanent or completely disabling.

Reasonable Accommodation

Under the ADA, employers are required to provide reasonable accommodation for employees with disabilities, as long as it doesn't create an undue hardship for the company.

Examples of reasonable accommodations for depression may include:

• Flexible work schedule or job sharing
• Time off for therapy or support group meetings
• A quiet or isolated workspace
• Extended leave after hospitalization
• Allowing remote work options

Disclosing Your Condition

Employers cannot ask you about your disability or medical history. It's up to you to disclose your depression and request reasonable accommodations.

When disclosing your condition, be upfront and honest with your employer or manager. It's better to ask for what you need than to risk poor performance or job loss.

Dealing with Discrimination

If you believe you have been discriminated against because of your depression, you can file a complaint with the U.S. Equal Employment Opportunity Commission (EEOC) within 180 days of the alleged discrimination.

If found to be discriminated against, you may be entitled to remedies such as hiring, promotion, reinstatement, back pay, reasonable accommodation, or attorneys' fees.

Remember: The ADA protects individuals with disabilities, including those with depression. By asserting your rights, you not only protect yourself but also set an example for others facing similar challenges.