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Depression, along with post-traumatic stress disorder (PTSD) and other mental health conditions, is covered by the Americans with Disabilities Act (ADA). The ADA has been in place since 1992 and is meant to protect people with disabilities from being discriminated against by employers.
The ?duty to accommodate? is a legal right, under the Human Rights Code. Mental illnesses fall under the protected grounds as a disability. If a worker living with a mental illness has a limitation that prevents them from performing essential duties of their job, they have a legal right to accommodation.
Under the ADA, anxiety disorders receive the same protection as any other disability. This means employers and businesses can't discriminate against you due to your condition. Not only does this make exclusion based on a disability illegal, but it also makes inclusion mandatory.
Even when your anxiety is mostly controlled by treatment and medication, it will qualify as a disability under the ADA if it is disabling when it is active. However, our trial attorneys will need to show anxiety substantially restricts your major life activity or major bodily function.
State that you are requesting accommodations under the ADA (or the Rehabilitation Act of 1973 if you are a federal employee) Identify your specific problematic job tasks. Identify your accommodation ideas. Request your employer's accommodation ideas.