Mental health conditions can qualify as disabilities in the workplace, and New York law provides strong protections for affected employees. Under federal, New York State, and New York City law, employers may not discriminate against workers because of a mental health condition or deny reasonable accommodations when one is needed. These protections apply even when symptoms are not visible and even when a condition is temporary or episodic.
How Disability Is Defined Under Federal and New York Law
Disability protections are provided by several overlapping laws. The Americans with Disabilities Act (ADA) prohibits discrimination against qualified individuals with disabilities and requires reasonable accommodations when needed. The New York State Human Rights Law (NYSHRL) provides similar protections at the state level.
The New York City Human Rights Law (NYCHRL) goes further. NYC law defines disability broadly and is interpreted more liberally than federal law. A condition does not need to be permanent, severe, or constant to qualify. The focus is on whether the employee was treated less well because of a disability or perceived disability.
Mental health conditions are evaluated under the same legal framework as physical conditions.
When Mental Health Conditions Are Protected at Work
Mental health conditions may be protected under applicable laws when they affect one or more major life activities. These activities can include concentrating, sleeping, communicating, regulating emotions, or managing stress. Protection does not depend on whether the employee has disclosed a formal diagnosis.
Examples of mental health conditions that may be protected include anxiety disorders, depression, post traumatic stress disorder, bipolar disorder, and other conditions that affect daily functioning. NYC law also protects employees who are perceived to have a disability, even if the employer’s assumption is incorrect.
Employees are protected whether their condition is long-term or episodic, and whether symptoms fluctuate over time.
Mental health discrimination often appears in subtle ways. Employees may experience:
- Discipline or termination after disclosing a condition
- Denial of promotions or professional opportunities
- Harassment, stigma, or dismissive comments
- Retaliation after requesting time off or workplace adjustments
- Being labeled unreliable or unfit without objective evidence
Under NYC law, the key question is whether the employee was treated less well because of a mental health condition. Conduct does not need to be extreme to violate the law.
Reasonable Accommodations for Mental Health Conditions
A reasonable accommodation is a change to the work environment or job duties that allows an employee to perform essential functions. For mental health conditions, accommodations may include:
- Modified start or end times
- Remote or hybrid work arrangements
- Adjusted deadlines or workload distribution
- Quiet or private workspaces
- Leave for therapy or treatment
- Temporary changes during symptom flare-ups
NYC employers are required to engage in a cooperative dialogue when an accommodation is requested. This means discussing the request in good faith and, when necessary, exploring alternatives. An employer cannot simply ignore or dismiss a request without consideration.
What Employers Can and Cannot Require
Employers may ask for limited medical information to support an accommodation request, but the request must be reasonable and related to the accommodation sought. Employers cannot demand full medical records or unnecessary details about treatment.
Medical information must be kept confidential. Employers may not disclose an employee’s mental health condition to coworkers or use the disclosure as a basis for adverse action. Taking negative action solely because an employee disclosed a mental health condition may violate discrimination laws.
How Employees Should Respond to Mental Health Discrimination
Employees who believe they are being treated unfairly because of a mental health condition may consider these steps:
- Document incidents, including comments, emails, and changes in treatment.
- Make accommodation requests in writing when possible.
- Review internal policies related to accommodations and complaints.
- Avoid assumptions about employer intent and focus on documented conduct.
- Seek legal guidance before resigning or escalating a dispute.
At Lipsky Lowe, our attorneys represent NYC workers in disability discrimination and accommodation matters, including those involving mental health conditions. We help employees evaluate accommodation requests, address retaliation concerns, and pursue claims through internal processes, government agencies, or court when appropriate.
If you believe a mental health condition affected how you were treated at work, reach out today for a confidential consultation.
About the Author
Douglas Lipsky is a co-founding partner of Lipsky Lowe LLP. He has extensive experience in all areas of employment law, including discrimination, sexual harassment, hostile work environment, retaliation, wrongful discharge, breach of contract, unpaid overtime, and unpaid tips. He also represents clients in complex wage and hour claims, including collective actions under the federal Fair Labor Standards Act and class actions under the laws of many different states. If you have questions about this article, contact Douglas today.