Karpf, Karpf and Cerutti P.C. | Attorneys At Law

Experienced Employment Litigators For Pennsylvania, New Jersey & New York

Are ADHD, anxiety and depression protected disabilities?

Attention deficit hyperactivity disorder (ADHD), anxiety and depression can make work harder. You may have trouble focusing, managing stress or keeping up with daily tasks. In some cases, the law protects workers with these conditions from discrimination.

A diagnosis alone is not enough. The law looks at how the condition affects your work and daily life.

When can a condition qualify for legal protection?

People with the same diagnosis may experience very different symptoms. Because of that, they may not have the same legal protections. Courts and government agencies may consider whether you:

  • Have trouble concentrating on work tasks
  • Struggle to stay organized or meet deadlines
  • Find it harder to communicate with others
  • Experience ongoing sleep or stress-related issues
  • Face challenges with everyday activities

The focus is usually on how the condition affects your daily life rather than the diagnosis itself.

What protections can the law provide?

Federal law protects many employees from disability discrimination at work. It may also require employers to make reasonable accommodations that help employees keep doing their jobs such as:

  • Adjusting a work schedule
  • Providing a quieter workspace
  • Allowing additional breaks
  • Offering flexibility for medical appointments
  • Permitting remote work in some situations

Pennsylvania, New Jersey and New York also have laws that may provide additional protections for employees.

When problems arise at work

A denied accommodation request does not automatically mean an employer violated the law. Workplace concerns can also arise after an employee discloses a medical condition, requests an accommodation or reports discrimination.

In many cases, the request is not the main issue but whether an employee receives different treatment afterward. The timing and reasons of an employer’s actions may help explain whether workplace protections apply.