A reasonable accommodation for anxiety is a change to how, when, or where you work that helps you do your job while managing an anxiety disorder. Under the Americans with Disabilities Act (ADA), an anxiety disorder can qualify as a disability when it substantially limits a major life activity, such as concentrating, thinking, or interacting with others. Employers with 15 or more employees generally must provide a reasonable accommodation unless it would cause them significant difficulty or expense (undue hardship).
Key takeaways
- Anxiety disorders are common: the National Institute of Mental Health estimates that about 19.1% of U.S. adults had an anxiety disorder in the past year, and the ADA’s broad 2008 definition of disability means many of them may qualify for workplace protections.
- You can ask for an accommodation in plain language, at any time, and your employer may request only the medical information needed to confirm your condition and your need for the change.
- Before you ask, write down which parts of your job your anxiety affects and what kind of change would help, then talk with your own provider about supporting documentation.
Is anxiety a disability under the ADA?
Often, yes. An anxiety disorder can be a disability under the ADA when it substantially limits one or more major life activities, and that standard is easier to meet than many people assume.
The ADA defines disability as “a physical or mental impairment that substantially limits one or more major life activities.” In 2008, Congress passed the ADA Amendments Act, which requires that definition to be “construed in favor of broad coverage of individuals”. The EEOC’s regulations at 29 CFR Part 1630 say “substantially limits” is “not meant to be a demanding standard.”
Several details in the regulations matter for anxiety specifically:
- Major life activities include mental functions. The list covers concentrating, thinking, interacting with others, and working, plus brain and neurological function.
- Episodic symptoms count. A condition that comes and goes, such as panic attacks, is judged by how limiting it is when it is active.
- Treatment does not disqualify you. Whether you are substantially limited is assessed without considering the benefits of medication or therapy. You also do not have to stop treatment to qualify.
- Related conditions are named directly. The regulations list post-traumatic stress disorder (PTSD) and obsessive-compulsive disorder (OCD) among conditions that will, at a minimum, substantially limit brain function.
According to the EEOC’s guide, Depression, PTSD, & Other Mental Health Conditions in the Workplace: Your Legal Rights, “your condition does not need to be permanent or severe to be ‘substantially limiting.’” For a case-specific answer, ask your HR department or the EEOC.
How anxiety disorders can affect work
Knowing why anxiety affects work helps you explain your needs clearly. The NIMH describes anxiety disorders, including generalized anxiety disorder, panic disorder, social anxiety disorder, and phobia-related disorders, as anxiety that does not go away and can worsen over time, and notes that symptoms can interfere with job performance.
Generalized anxiety disorder (GAD), for example, involves excessive worry that is hard to control for at least six months. According to a clinical review on NCBI’s StatPearls, it is linked to symptoms such as restlessness, fatigue, trouble concentrating, irritability, muscle tension, and sleep problems. First-line treatment usually involves cognitive behavioral therapy (CBT, a structured form of talk therapy) and certain antidepressant medications.
Anxiety is also widespread. NIMH data from the National Comorbidity Survey Replication estimate that about 31.1% of U.S. adults experience an anxiety disorder at some point in their lives, based on survey data collected in 2001-2003.
Examples of reasonable accommodations for anxiety
A reasonable accommodation is, in the EEOC’s words, “any change in the work environment or in the way things are customarily done” that lets a person with a disability do the job. The right one depends on your symptoms and your role.
The EEOC and the Job Accommodation Network (JAN), a free, confidential service fully funded by the U.S. Department of Labor’s Office of Disability Employment Policy, list options like these:
- Flexible or adjusted schedule: Shifting start times, or scheduling around therapy appointments, so treatment fits into your week.
- Modified breaks: Short breaks to use a grounding technique or step away when panic symptoms start.
- Remote work where feasible: Working from home on some or all days, when the job can be done that way.
- A quieter workspace: A private area, a spot away from heavy foot traffic, or noise-canceling headphones.
- Written instructions: Getting assignments and feedback in writing, plus checklists and task lists that reduce uncertainty.
- Modified supervision methods: Regular check-ins, or feedback delivered in a set format. The ADA may require changes to supervisory methods, though it does not entitle you to a new supervisor.
- Leave for treatment: Using accrued paid leave or unpaid leave for treatment or recovery, when it would help you return to your essential job duties.
- Reassignment: Moving to a vacant position you can perform, which the EEOC calls the accommodation of last resort.
If you are unsure what would help, JAN’s consultants can talk through options with you or your employer.
How to ask for an accommodation for anxiety
You can start by telling your employer, in plain words, that a medical condition is affecting your work and you need a change. According to the EEOC’s enforcement guidance, you may use “plain English” and you do not need to mention the ADA or the phrase “reasonable accommodation.”
Here is a practical way to approach it:
- Decide who to tell. A supervisor, HR, or another appropriate person can receive the request. A family member, friend, or health professional may also ask on your behalf.
- Describe the problem and a possible fix. For example: “My anxiety disorder makes it hard to concentrate in an open office. Would a quieter workspace or noise-canceling headphones be possible?” You do not need a specific solution in mind, but having one helps.
- Put it in writing. Your employer may ask for a written request. A short email also gives you a record of the date.
- Ask early if you can. You can request an accommodation at any time. The EEOC notes it is generally better to ask before performance problems come up, because employers do not have to excuse past poor performance.
- Gather documentation from your provider. Your employer may ask for a letter that explains your condition and why you need the change.
Once you ask, the transition to the next stage, the interactive process, usually happens quickly.
What is the interactive process?
The interactive process is the informal back-and-forth between you and your employer to figure out what accommodation will work. The EEOC calls your request “the first step in an informal, interactive process.”
During this process, your employer may ask about your limitations, talk through options, and check with your provider about whether a specific change would meet your needs. If several accommodations would be effective, your employer may choose among them, as long as the one chosen actually works. Your employer also cannot charge you for the accommodation.
If your own doctor or therapist can’t write a timely letter, a board-certified physician can evaluate you and complete ADA medical certification and workplace accommodation paperwork through a secure video visit.
What documentation can your employer request?
Your employer may ask only for the documentation needed to establish that you have a disability and need the accommodation. The EEOC’s guidance states that in most situations an employer “cannot request a person’s complete medical records.”
Reasonable documentation usually covers:
- The nature of your condition, described in general terms
- How it limits your ability to do specific job tasks
- Why the requested change would help
According to the EEOC’s legal rights guide, if you would rather not share your exact diagnosis, a general description such as “anxiety disorder” may be enough. If your anxiety is tied to generalized anxiety disorder, you can learn more about how GAD is evaluated for workplace paperwork.
Is my medical information kept confidential?
Yes, with limited exceptions. Under 29 CFR 1630.14, employers must keep medical information in separate, confidential files. Supervisors may be told about necessary work restrictions and accommodations, and first aid or safety staff may be told if emergency treatment could be needed. Coworkers are not entitled to your medical information, though you can choose to share it yourself.
What employers don’t have to do
Knowing the limits of the law helps you make a request that is more likely to work. Under EEOC guidance and the regulations, employers generally do not have to:
- Eliminate an essential function, meaning a fundamental duty of the position
- Lower production standards that apply to everyone in the role
- Excuse poor performance, even when it was caused by a medical condition or medication side effects
- Provide an accommodation that causes undue hardship, meaning significant difficulty or expense judged by factors such as cost, the employer’s resources, and the effect on operations
- Give you the specific accommodation you prefer, as long as the one offered is effective
You are also not required to accept an accommodation you don’t want. However, if you turn down one that is necessary for you to do the job’s essential functions, you may not be considered qualified for the position. The ADA does prohibit retaliation for asking for an accommodation, and you can contact the EEOC if you believe your rights were violated.
ADA accommodations vs. FMLA leave
If your anxiety requires time away from work, rather than a change to how you work, the Family and Medical Leave Act (FMLA) may be a separate path. According to the Department of Labor, the FMLA provides eligible employees with up to 12 workweeks of unpaid, job-protected leave in a 12-month period. Eligibility generally depends on working for a covered employer for at least 12 months, logging at least 1,250 hours in the prior 12 months, and working at a site with at least 50 employees within 75 miles. Your HR department or leave administrator can confirm whether you qualify.
FMLA protects your job but does not replace income. Short-term disability may replace part of your income but does not by itself protect your job, so many people need both. You can read more about using FMLA leave for mental health conditions.
When to seek help right away
Accommodations work best alongside treatment. Contact a healthcare provider if your anxiety is getting worse, panic attacks are becoming more frequent, or symptoms are keeping you from sleeping, eating, or working.
If you are having thoughts of suicide or are in crisis, call or text 988 to reach the 988 Suicide & Crisis Lifeline, or chat at 988lifeline.org. It is free, confidential, and available 24/7. In an emergency, call 911 or go to the nearest emergency room.
Frequently asked questions
Do I have to tell my employer my exact diagnosis?
Not always. The EEOC notes that a general description, such as “anxiety disorder,” may be enough. Your employer can ask for documentation that shows you have a disability and need the accommodation, but generally not your complete medical records.
Can my employer deny my accommodation request?
An employer may deny a specific request if it would cause undue hardship or if it would eliminate an essential job function. It may also offer a different accommodation that is still effective. If you believe a denial violates the ADA, you can contact the EEOC for guidance.
Does my employer have to let me work from home for anxiety?
Remote work is one possible accommodation, and the EEOC lists permission to work from home as an example. Whether it is reasonable depends on whether the job’s essential functions can be done remotely and whether it would create undue hardship. Your employer may also choose another effective option.
Does the ADA apply to every employer?
No. Under the ADA, the employment rules generally apply to employers with 15 or more employees for each working day in at least 20 calendar weeks in the current or prior year. State laws may offer additional protections, so check with your HR department or your state’s fair employment agency.
Get support with your accommodation paperwork
If you need medical documentation for an ADA accommodation request and can’t get a timely appointment with your own provider, a board-certified physician can review your situation in a secure video visit. Comprehensive requests like ADA paperwork are typically completed within 1-3 business days after the appointment when all required information is available, and you must book for the state where you will be physically located during the visit. Book an ADA accommodation evaluation.
Sources
- Depression, PTSD, & Other Mental Health Conditions in the Workplace: Your Legal Rights, U.S. Equal Employment Opportunity Commission
- Enforcement Guidance on Reasonable Accommodation and Undue Hardship under the ADA, U.S. Equal Employment Opportunity Commission
- 29 CFR Part 1630: Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act, Electronic Code of Federal Regulations
- Titles I and V of the Americans with Disabilities Act of 1990 (ADA), U.S. Equal Employment Opportunity Commission
- Anxiety Disorder: Accommodation and Compliance, Job Accommodation Network
- About JAN, Job Accommodation Network
- Any Anxiety Disorder, National Institute of Mental Health
- Anxiety Disorders, National Institute of Mental Health
- Generalized Anxiety Disorder, StatPearls, NCBI Bookshelf
- Family and Medical Leave Act, U.S. Department of Labor, Wage and Hour Division
- 988 Suicide & Crisis Lifeline, 988 Lifeline
This article is for informational purposes only and is not a substitute for professional medical advice.
Medical documentation supports your request but does not guarantee approval. Final decisions are made by your employer, insurance carrier, leave administrator, school, or applicable state program.
This is not an emergency service. In an emergency, call 911 or go to the nearest emergency room.
