Mental health issues are crucially important in your life, and they can affect whether and how you can do your job. It is not only physical disabilities that entitle you to certain protections on the job. If you suffer from anxiety, you may have the same legal rights that you would otherwise have if you suffered from a physical disability. If your employer has violated your rights, you may be able to file a lawsuit against them after you contact an employment law attorney to learn more about your case.
Anxiety May Be a Qualifying Disability Under Federal and State Law
When you are able to prove that you suffer from anxiety, you are entitled to certain accommodations and protections under federal and state law. The Americans with Disabilities Act (ADA) defines a disability as a physical or mental health condition that affects one or more activities of your daily life. When you are able to prove that you are disabled, your employer is under a legal requirement to provide you with reasonable accommodations so you can do your job. Your employer is also prohibited from discriminating against you on account of your disability.
Anxiety is a mental health condition that could fall under the ADA’s definition of disability. According to the American Psychological Association, anxiety is defined as “an emotion characterized by feelings of tension, worried thoughts, and physical changes like increased blood pressure.” Your anxiety could be a natural condition that you have struggled with for years, or it could even be something that was brought on by your work conditions.
Anxiety Can Cause You Difficulties on the Job
Anxiety can lead to the following difficulties on your job:
- Declining work performance and an inability to do your job.
- Having to miss work time because of your condition or the need to seek mental health treatment.
- Trouble participating in work activities, including meetings.
- Interpersonal difficulties with colleagues.
- An inability to make deadlines because you cannot fully focus on your job.
- A constant feeling of insecurity on the job.
Regardless of how your anxiety manifests itself, it could pose challenges to both your performance on the job and even your continued employment.
You Can Work with Your Employer for Reasonable Accommodations
As much as you may want to hide your condition for fear of it impacting your standing at work or want to try to work through it, you may find it in your best interests to speak with your employer about it. Certainly, there is a stigma attached to any mental health issue, particularly on the job. However, your standing at your job and even your ability to remain in your position could be on the line.
You may have some difficulty in persuading your employer of your condition. They may not want to provide you with the necessary accommodations, and they may go out of their way to dispute your condition. Anxiety is a subjective condition by nature, and it would not show up on a so-called objective test. Instead, anxiety depends on your own reports of your condition and what you have told a mental health professional. You can expect that your accounts may be challenged, or you may simply not be believed.
If you believe that your employer has discriminated against you on the basis of your mental health condition or if they have failed to provide you with reasonable accommodations, you may have a potential lawsuit. You should contact an employment lawyer to learn more about your legal rights and whether you have a potential lawsuit.
Contact a South Jersey Disability Discrimination Lawyer at The Law Offices of Leo B. Dubler, III, LLC
If you believe that your employer has discriminated against you or has failed to uphold your legal rights, reach out to a South Jersey disability discrimination lawyer at The Law Offices of Leo B. Dubler, III, LLC. You can schedule a free initial consultation by messaging us online or by calling us today at 856-235-7075 to schedule a free initial consultation. We have offices in Mount Laurel and Atlantic City, New Jersey, and we work with clients in Cherry Hill, Burlington County, Camden County, and South Jersey.