Depression and other mental health conditions in the workplace: An increasing employer challenge

According to the Equal Employment Opportunity Commission’s (EEOC) most recent published annual reporting, claims for disability-related discrimination (38%) outpaced race (34%) and sex (26%) related filings. Indeed, in the three past reporting years, the number of charges filed claiming disability-related discrimination increased by 34% (25,004 to 33,668), more than in any other filing category.

Disability discrimination claims

Of all medical conditions identified as the basis for a claim of disability discrimination, depression and mental health conditions represented the most cited conditions. In the most recent EEOC reporting, 21% of the disability claims involved depression, anxiety or similar conditions; tenfold cardiac claims (2.4%), cancer (2.9%) or diabetes (2.7%).

Employer challenges

Traditionally, when discrimination was discussed in the employment context, concerns about gender and race often occupied the dialogue. Frontline supervisors are usually aware of prohibited gender- and race-related conduct. However, few frontline supervisors and few managers have been fully trained to appreciate the affirmative accommodation requirements for employees presenting with mental conditions that limit certain substantial life activities, and who are thus protected by the ADA.

Today’s employers are especially challenged when intermittent leave rights are applied to mental conditions such as depression or migraine headache episodes. which may make attendance unpredictable.