ADA at 35: Reasonably Accommodate Workers with Mental Illness

When the Americans with Disabilities Act (ADA) turns 35 on July 26, it can be agreed that much has improved for people with disabilities. But stigma in the workplace, particularly for individuals with mental illness, remains. And too often, employers don’t provide ADA reasonable accommodations to people with disabilities.

“In my experience, the most significant barrier people with disabilities face nowadays — as opposed to 1990, when the ADA was enacted — is attitudes about mental illness,” said Robin Shea, an attorney with Constangy, Brooks, Smith & Prophete in Winston-Salem, N.C. 

Fight Stigma

In many instances, mental illness can adversely affect an employee’s ability to work effectively, to interact with co-workers and customers, and, sometimes, to comply with an employer’s policies, Shea said. But, she added, that is not always the case. 

The stigma people with mental illness experience in the workplace is all too prevalent. 

“I know many employees who would feel perfectly comfortable discussing their physical medical problems at work, but virtually no one who would feel comfortable disclosing that they are, for example, being treated for an anxiety disorder or on antidepressants,” Shea said. “I think this demonstrates that there are still stigmas against mental illness that are much less severe with physical illnesses.” 

Nonetheless, stigma against any disability is often a key barrier for job applicants, noted Alex Alonso, Ph.D., SHRM-SCP, chief data and analytics officer for SHRM.  
Prior to the pandemic, the U.S. Centers for Disease Control and Prevention estimated that 26% of the U.S. population had a disability.

“With the spike in mental health conditions and the challenges associated with long COVID, we can safely estimate that percentage is likely to be at least 30% today,” said Deb Dagit, a diversity consultant with Deb Dagit Diversity in Naples, Fla., and a disability rights advocate. 

The unemployment rate for people with disabilities was 7.5% in 2024, approximately twice that of those without disabilities (3.8%), according to the U.S. Bureau of Labor Statistics.

‘Perfect Storm’ 

People with disabilities — particularly those with mental health issues — commonly face barriers in the workplace despite the ADA, said Kelly Hughes, an attorney with Ogletree Deakins in Charlotte, N.C. 

“There remain so many negative stereotypes about individuals who suffer from various mental health issues, particularly in professional work environments where it is frowned upon to show vulnerability in any manner, as, in some minds, vulnerability equals weakness,” she said. 

Most individuals who have anxiety and depression, for example, are hard-working and conscientious, Hughes added. The drive for perfection with ever-increasing performance demands can exacerbate symptoms. And the symptoms may make it seem as if employees with mental illness lack dedication or are unreliable, she said.

Stigma continues partly due to a lack of mental health resources, particularly for lower-income workers, Hughes noted, adding that mental health treatment is time-consuming and expensive. 

“This situation is a perfect storm, particularly because we have a mental health epidemic likely stemming from a combination of various factors,” she said. Those factors include isolation during the pandemic, social media and technology addictions, political division, and concern among vulnerable populations about more discrimination and less legal protection.

Catch-22 

Persistent bias and stereotypes often lead to a reluctance to self-disclose a disability for fear of stigma, said Beth Sirull, CEO and president of the National Organization on Disability, a New York City-based nonprofit that advocates for people with disabilities. 

“People with disabilities are kind of in a box,” added William Goren, an attorney in Decatur, Ga. 

“If they disclose, they can get reasonable accommodations, but they will often get ostracized at work,” he said. “If they don’t disclose, then they don’t get reasonable accommodations, and their performance, and possibly their jobs, becomes an issue. When to disclose and to whom is always an individual call and not an easy yes or no answer for people with disabilities.”

Overlooked Accommodations 

Making the dilemma of whether to disclose worse for people with disabilities is the failure of some organizations to meet the ADA’s accommodation requirement.

The ADA created a clear legal mandate for employers to provide reasonable accommodations and prohibited exclusionary practices in hiring, promotion, and retention, noted Sarah Goodman, an attorney with Offit Kurman in Philadelphia. 

There are too often procedural hurdles in the accommodation process, such as overly rigid protocols and unclear reporting mechanisms, she said. 

Online platforms may not be fully compatible with screen readers, which help people with severe visual impairments tell what information is on their computers, or other assistive technologies, Goodman added. 

“The biggest challenge that I continue to see is that most companies still do not have an effective and efficient reasonable accommodations process,” Dagit said. “This is in spite of employees with disabilities citing this as their No. 1 priority and concern, and companies readily acknowledging they do not have a well-communicated or effectively functioning strategy for handling these requests.”

There are notable exceptions, she added. Some companies have strong leaders, trained staff, and a consistent, transparent, well-managed accommodation process. “They do not ask for any more medical documentation than is absolutely needed and trust that the person with the disability is the best expert as to what they need to maximize their ability to contribute,” Dagit said.  

The ability to request and receive an accommodation in a timely manner is foundational to the ADA and to ensuring the workplace is safe, welcoming, and inclusive for individuals with disabilities, she noted. 

“It is baffling that after 35 years” the failure to provide reasonable accommodations “remains such a stubborn, ubiquitous problem,” Dagit said.