Does the ADA cover employees with depression?

“Major depression is one of the most common conditions in this country. Estimates are 10 percent of men and up to 25 percent of women will have at least one episode of major depression over their lifespan. That involves depressed mood, lack of interest, lack of enjoyment in usual activities, and a variety of other symptoms.” Ronald Schouten told us in a recent CER webinar. In fact, major depression is the leading cause of disability in the U.S. for those aged 15-44.

There are also a variety of conditions that are referred to as subsyndromal depression for individuals who may not meet the definition of major depression. Overall, about 26 percent of American adults suffer from some form of diagnosable mental disorder annually.

For the majority of these employees, they are coming to work even though they have depression or a related condition. This is often called “presenteeism” where someone is at work but performing at a sub-par level, and possibly even having disciplinary troubles or unfavorable performance reviews.

Moreover, the lost productivity due to depression costs $31 billion annually, with two-thirds of depression-related productivity losses due to presenteeism. Additionally, behavioral health issues lead to 217 million missed workdays annually.

How does the ADA handle depression and other mental impairments of employees?

Mental impairments under the Americans with Disabilities Act (ADA) are defined as “any mental or psychological disorder, such as an intellectual disability (formerly termed “mental retardation”), organic brain syndrome, emotional or mental illness, and specific learning disabilities.”

Disability is defined as any form of physical or mental impairment that substantially limits a major life activity, so long as that physical or mental impairment is not temporary or minor. Since major life activities include thinking, concentrating, and interacting with others, often mental impairments will qualify as disabilities; as such, they will be covered by the ADA and employers will be required to act accordingly. In fact, most diagnosed mental illnesses will be disabilities and many of them are actually listed in the statute.

The above information is excerpted from the webinar “Depression and Other Mental Illness Under New ADA: Accommodation Practices for HR.” To register for a future webinar, visit CER webinars.

Dr. Ronald Schouten is the director of the Law and Psychiatry Service at Massachusetts General Hospital (www.massgeneral.org) and an associate professor of psychiatry at Harvard Medical School (hms.harvard.edu). His clinical and consultation practices are focused on executives and professionals confronted with career issues, work-life balance problems, and mood and anxiety disorders.