Mental Health Claims Are Now the #1 Disability Issue in the Workplace. Is Your Business Ready?

At Foley HR, we keep an eye on trends and the numbers are hard to ignore. According to the EEOC’s most recent annual reporting, disability discrimination is now the single most-filed employment claim in the country — at 38% of all charges, it has surpassed both race (34%) and sex (26%). Over the past three reporting years, disability claims jumped 34%, from roughly 25,000 to nearly 34,000. That’s more growth than any other filing category.

And leading all disability claims? Depression, anxiety, and similar mental health conditions — representing 21% of all disability charges. That’s ten times the rate of cardiac, cancer, and diabetes claims combined. Mental health is no longer a fringe compliance issue. It is your most pressing ADA exposure right now.

Why most employers aren’t prepared. Frontline supervisors generally have some awareness of gender and race discrimination. But very few have been trained to recognize their legal obligations when an employee discloses a mental health condition. The ADA requires more than tolerance — it requires employers to actively engage in a good-faith, individualized discussion about what accommodations might allow that employee to keep doing their job. Skipping that step, or going through the motions without genuine consideration, is exactly the kind of thing that ends up in an EEOC charge.

Where things get especially complicated. Intermittent leave. Depression, anxiety, and migraines don’t follow a schedule. An employee may be unable to report to work on unpredictable days with little advance notice. The EEOC identifies accommodations employers should consider — modified schedules, quieter work environments, changes in supervisory communication, and remote work. None of that is simple. But “this is difficult” is not a legal defense to a failure-to-accommodate claim.

What employers should do right now:

• Train your managers — they are your first line of exposure.
• Document every step of your interactive process: what was discussed, what accommodations were considered, and why any were or weren’t feasible.
• Don’t assume a condition can’t be accommodated. That conclusion should only be reached after thorough, documented review.

At Foley HR Solutions our experienced HR team can help you focus on your business, not HR headaches. We are flexible and can tailor our service to your needs. From a short term project to long term help with day to day operations, and everything in between. Plus, as part of Foley & Foley PC, our guidance is both employee-sensitive and legally defensible, from one team, in one engagement.

Schedule your free consultation with Foley HR Solutions before a claim forces the conversation.

Foley HR Solutions is a fractional HR service of Foley & Foley, PC — serving employers nationwide. 📞 1 (508) 548-4888