As the social stigma associated with mental health lessens each year, the rates of formal mental health diagnoses continue to rise. With a formal diagnosis, it becomes easier for a person to navigate a treatment plan and determine appropriate mental health services. The current cultural landscape shows that public awareness and advocacy for mental health will only continue to grow. Employers should consider taking a proactive approach to update their policies, practices, and accommodations to support employees’ mental health conditions, before running into discrimination issues.
Mental Health Trends Reach the Workplace
Mental health challenges remain widespread in the U.S., with about 23% of adults (nearly 59 million people) experiencing a mental illness each year. Of that, it is estimated that 15.4 million adults experience serious mental illness, which causes functional impairment and interferes with life activities such as employment. Notably, depression has steeply risen, with about 22.5 million adults diagnosed with major depression. In response to such trends, the Equal Employment Opportunity Commission (EEOC) identified an increased focus on protecting workers with mental health-related disabilities. The EEOC specifically listed workers with mental health-related disabilities within a category of vulnerable workers to protect from employment discrimination in its Strategic Enforcement Plan (SEP) for fiscal years 2024-2028.
Looking directly into the workplace, in 2025, the National Alliance on Mental Health (NAMI) conducted a Workplace Mental Health poll, focused on full-time employees at companies with at least 100 employees in varying industries. The poll reflects that, in general, people are supportive of their coworkers’ mental health conditions but remain concerned about addressing their own in their work setting. An overwhelming majority of the current workforce (approx. 4/5) believe mental health resources and support are necessary. Meanwhile, only about half know how to access the benefits available through their employer-sponsored insurance.
Workplace Action is Necessary
Employers have begun to recognize the cost and impacts of unmet mental health needs. Lately, this has prompted more investment in benefits such as employee assistance programs (EAPs). There was a significant increase in popularity of EAPs during and following the COVID-19 pandemic.
In looking at the current landscape, it is evident that there’s a demand for fresh policies, practices, and accommodations within the American workplace to support employees’ mental health. Without question, providing updated policies and practices to address these increased needs will result in a mutual benefit to both employees and their employer. Employers should also internally review their accommodation options and scenarios in light of the EEOC’s enforcement goals.
In Wisconsin, employers are required to provide reasonable accommodations for disabilities under both federal and state laws, including for mental health conditions, unless doing so would pose an undue hardship. Refusal to provide an accommodation that enables an employee to perform essential functions of their job may qualify as discrimination under state law. For the most prevalent mental health conditions presently diagnosed, having responsive procedures already in place will help employers avoid claims and potential liability. It will additionally curb instances of adverse employment action such as discharge.
Response and Interaction: Standard Policies and Practices
- Update policies to include mental health conditions, if outdated.
Explicitly include acknowledgement of mental health conditions, support, and a clear explanation of benefits provided to employees. - Outline internal standard procedure to address concerns.
Internal procedures should be clearly outlined and communicated, including a designated pathway for employees to request help, and the involvement of HR and management when needs are disclosed. - Identify accommodation options and implement interactive practices.
A proactive approach would be to identify accommodation options for the highest statistically diagnosed mental health conditions. From there, participating in an interactive process with the employee to discuss available support on a case-by-case basis will more closely mirror the process of addressing physical disabilities.
Bottom Line
Reasonable accommodations for workers with mental health-related disabilities are essential not only to create a supportive and productive workplace but also to comply with legal requirements. Employers who establish clear procedures and engage in interactive discussions with employees will be able to effectively tailor accommodation options. These efforts help employees manage their conditions while maintaining job performance and will reduce potential discrimination claims.
This article, slightly modified to note recent updates, was featured online in the Great Lakes Employment Law Letter and published by BLR®—Business & Legal Resources. Reproduced here with the permission of BLR®—Business & Legal Resources.