Many people face stress and challenges at work, which can overwhelm some people. Mental health struggles like anxiety, depression, and PTSD can make it hard to keep up with job duties.
For those affected, it can feel like there’s nowhere to turn. However, the law may provide support. In Texas, workers with mental health issues may qualify for protections and accommodations under the Americans with Disabilities Act (ADA).
A skilled Texas social security disability lawyer, like those at Bailey & Galyen, will help you understand your rights and options if you’re dealing with a mental health condition at work.
Our law firm has locations in Dallas, Fort Worth, Houston, and throughout Texas, making it easy to reach an attorney close to where you live and work.
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Can Mental Health Issues Qualify as a Disability?
Under the ADA, a disability is a physical or mental impairment substantially limiting one or more major life activities. These life activities can include concentrating, communicating, or even thinking clearly.
Mental health conditions, such as depression or anxiety, can qualify if they limit your ability to perform these everyday activities.
The Equal Employment Opportunity Commission (EEOC) confirms that mental health conditions are included under the ADA. Importantly, your mental health condition does not need to be severe or permanent to qualify. You can still seek accommodation for temporary conditions, such as depression following a traumatic event.
In Texas, employers must follow the ADA guidelines. This means that if you have a qualifying mental health condition, your employer cannot discriminate against you because of your disability. Instead, they must engage in a process to determine what reasonable accommodations could help you perform your job.
Texas Law for Mental Health Issues in the Workplace
The Texas Labor Code Chapter 21 mirrors federal law by prohibiting discrimination against employees with disabilities, including mental health issues, in the workplace. This state law operates in conjunction with the ADA so that employees with qualifying mental health conditions are protected from discrimination and can request reasonable accommodations.
Texas law generally follows federal guidelines, but state law may offer additional protections, such as handling complaints through the Texas Workforce Commission (TWC) Civil Rights Division (CRD). Depending on the circumstances of the case, employees can file claims for mental health-related workplace discrimination at both the state and federal levels.
The Role of the Texas Workforce Commission in ADA Complaints
When it comes to workplace disability discrimination, including issues related to mental health, the TWC is a key agency for enforcing the ADA and the Texas Labor Code.
You don’t have to figure out how to handle this yourself. A skilled employment lawyer can take the burden off your shoulders and manage the legal process for you.
If you’ve been discriminated against because of a mental health condition, an employment lawyer can file a complaint on your behalf with the TWC’s CRD.
Your lawyer will:
- Draft the complaint to ensure it fully outlines your legal rights and the violation
- Gather and submit the necessary evidence, such as documentation, medical records, and witness statements
- Communicate directly with the TWC and your employer throughout the investigation to ensure all procedural steps are followed
Your attorney will also file your complaint within the required 180-day window and can help you pursue remedies such as back pay, reinstatement, or accommodations your employer may have wrongfully denied.
Coordinating With the EEOC and Federal Agencies
The TWC often works with federal agencies that handle ADA complaints nationally, so your lawyer can cross-file your claim with the EEOC, ensuring that both state and federal laws protect you. This dual filing can maximize your legal options, and an experienced employment attorney will know how to best handle the procedural overlap to your advantage.
Reducing Your Stress and Protecting Your Rights
Facing discrimination at work can overwhelm you, especially if you already struggle with a mental health condition.
Hiring a lawyer to handle your ADA complaint with the TWC allows you to focus on your well-being while someone experienced in Texas employment law protects your rights. This comprehensive support can reduce stress and improve your chances of a favorable outcome.
Mental Health in the U.S., Texas, and the Workplace
According to the National Institute of Mental Health (NIMH), nearly one in five U.S. adults—around 20%, or 52.9 million people—experienced mental illness in one recent year. This statistic highlights the widespread nature of mental health issues across the country.
In Texas, mental health conditions affect many individuals. According to the Texas Health and Human Services Commission, about one in five adults in Texas experiences a mental health condition each year. This is consistent with national averages. Additionally, around 2 million children and youth in Texas between the ages of 6 and 17 had a mental health need in 2022.
Texas faces significant challenges related to mental health services, with many rural areas experiencing shortages in mental health professionals. These conditions often go untreated for years, a nationwide problem that is particularly acute in Texas.
As for workplace accommodations, the EEOC does not provide specific statistics on how many workers currently receive ADA accommodations for mental health conditions. However, a significant portion of ADA claims involve mental health disabilities.
According to a report from the Job Accommodation Network (JAN), 19.1% of workplace accommodations are for employees with mental health conditions. This suggests that a considerable percentage of workers are receiving accommodations for these issues under the ADA.
Common Mental Health Issues Covered by the ADA
Several mental health conditions may qualify as disabilities under the ADA:
Depression: This can range from mild to severe and may include feelings of hopelessness, fatigue, and difficulty concentrating.- Anxiety disorders: These may involve panic attacks, excessive worry, or irrational fears that interfere with daily life.
- Bipolar disorder: This involves extreme mood swings, from high-energy manic episodes to deep depression.
- Post-traumatic stress disorder (PTSD): Often triggered by trauma, PTSD can cause flashbacks, severe anxiety, and difficulty functioning.
- Obsessive-compulsive disorder (OCD): OCD can cause unwanted repetitive thoughts or behaviors that interfere with daily tasks.
If you’re living with one of these conditions or another mental health issue that affects your ability to work, you may qualify for ADA protections.
What Accommodations Can You Request?
The ADA allows workers to request reasonable accommodations to help them perform their job duties. Reasonable accommodations change the work environment or how the company typically does things so that someone with a disability can work.
If you have a mental health condition, some common accommodations you might request include:
- Flexible work schedules: This could mean adjusting your hours to avoid peak stress times or allowing for breaks during the day.
- Time off for treatment: Your employer may need to allow you time off without penalty to attend therapy sessions or doctor appointments.
- A quiet workspace: If noise or distractions make it harder for you to concentrate, you may request a more peaceful area to work.
- Changes to job duties: You might ask for modifications to your responsibilities if certain tasks cause stress.
You will need to request these accommodations directly from your employer with the help of your lawyer. Request these changes in writing, clearly explaining your needs and how they relate to your condition.
How a Lawyer Can Help With an Accommodation Request
While you can certainly make the request directly to your employer, an employment attorney can help ensure the request is made correctly and in a way that protects your rights.
An attorney can:
- Help draft the written request to explain how the accommodations relate to the mental health condition
- Advise on the necessary documentation or medical records to support the request
- Ensure that the employer follows the legal process and doesn’t retaliate against the employee
- Assist in negotiating accommodations if the employer initially denies or resists the request
By involving a lawyer early, you can avoid potential missteps and strengthen your position if you must take legal action later.
Will My Employer Provide the Accommodation I Need?
Not necessarily. Employers are required to provide reasonable accommodations, but they can refuse requests that would cause an undue hardship on the business.
If they believe your requested accommodation would cost too much or disrupt the workplace, your employer may deny it. However, they must work with you to find a solution that works for you and the company.
If your employer refuses your request, or if you feel that they discriminated against you because of your mental health, you may have legal options. A Texas employment lawyer can determine whether your employer violated your rights and what steps to take next.
Do I Have to Disclose My Mental Health Condition?
Under the ADA, you need not disclose your mental health condition to your employer unless you ask for accommodations. If you request accommodations, you will likely need to provide medical information to support your claim. However, your employer must keep this information confidential.
Your employer cannot fire you, demote you, or take any other negative action simply because you’ve disclosed a mental health condition. If they do, you may have grounds for a legal claim.
Filing a Disability Claim for Mental Health Issues in Texas
If your mental health condition is preventing you from working, you may be eligible to file for social security disability insurance (SSDI) or other disability benefits. Mental health issues are one of the leading causes of disability claims in the United States.
To qualify for SSDI, you must show that your condition prevents you from working for at least 12 months.
Some common mental health conditions that qualify for SSDI include:
- Severe depression
- Anxiety disorders
- Bipolar disorder
- Schizophrenia
- PTSD
If you believe you qualify, you may need to provide medical records, therapy notes, and other documentation to support your claim. An experienced Texas social security disability lawyer at Bailey & Galyen can guide you through the complicated process.
Protecting Your Mental Health Rights in the Workplace
Navigating the workplace while dealing with mental health challenges can feel overwhelming. Knowing that you don’t have to face these struggles alone is important. Bailey & Galyen’s Texas employment lawyers are here to help you understand your rights and secure the accommodations you need.
We’ll work with you to determine whether your condition qualifies as a disability and guide you through the process of requesting accommodations. If your employer refuses to provide the accommodations you need or retaliates against you, we can help you take legal action.
With offices across Texas, Bailey & Galyen is easily accessible to workers throughout the state. We’re committed to providing compassionate, knowledgeable legal support to those struggling with mental health disabilities.
Contact Bailey & Galyen for a Work-Related Disability Advocate
Mental health conditions can affect every part of your life, including your ability to work. But the law is on your side. The ADA provides important protections for workers with mental health issues, allowing them to seek accommodations and fight back against discrimination.
At Bailey & Galyen, we understand how difficult it can be to live and work with a mental health condition. Our lawyers are dedicated to helping Texas workers get the support they deserve. With many offices throughout Texas, we’re here to provide local, accessible legal help no matter where you are in the state.
If you’re struggling with mental health challenges at work, contact us today for a free consultation. We’ll review your case, explain your options, and help you move forward. You don’t have to navigate this alone—Bailey & Galyen is here to help.
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