I have depression, should I tell my employer?

Q: My doctor has advised me to work restricted hours because of my depression, or at least to try to reduce my stress level at work. I am hesitant to tell my supervisor about my medical condition because, 1) he will not give me the opportunities I deserve if he thinks I’m a “slacker,” and, 2) I’m worried my co-workers will start to avoid me if they think I am spilling my guts to a counselor. Isn’t it better to just try to “suck it up” at work and deal with my depression privately through medication and counseling?

A: If your depression is serious enough to make you unable to perform the “essential functions” of your job, you may be a “qualified individual with a disability” under the American with Disabilities Act (“ADA”). Your employer, however, is under no obligation to accommodate your disability, such as giving you paid time off to see a therapist for your depression, unless you tell your employer – in confidence – about your medical condition. Courts will not enforce this federal law – the ADA – unless the worker told the employer what the disability was, and what type of restrictions were needed. This is a situation where the employee should TELL (“here’s what’s happening with me”), and then ASK (“can you accommodate my restrictions?”).

Answer provided by Linda L. Holstein of Holstein Kremer, PLLC