Mental Health Conditions at Work in New York: Depression, Anxiety, PTSD and the Law

Mental health conditions are covered by disability discrimination law at all three levels in New York: the federal definition of disability includes a "mental impairment," the State definition a "mental" impairment, and the City definition any "mental or psychological impairment."⁠^[1][2][3] What differs is the test a condition has to meet.⁠^[11][2][3]

Is a mental health condition a "disability" under each law?

Layer	Definition	What has to be shown
Federal: Americans with Disabilities Act (ADA)	A physical or mental impairment that substantially limits one or more major life activities, a record of one, or being regarded as having one⁠[1]	A substantial limit compared with most people; the impairment need not prevent or severely restrict the activity⁠[11]
New York State Human Rights Law (NYSHRL)	A physical, mental or medical impairment that prevents the exercise of a normal bodily function or is demonstrable by medically accepted clinical or laboratory diagnostic techniques, a record of one, or a condition regarded as one⁠[2]	No "substantially limits" requirement; in employment, the disability must not prevent reasonable job performance once accommodated⁠[2]
New York City Human Rights Law (NYCHRL)	Any physical, medical, mental or psychological impairment, or a history or record of one⁠[3]	No "substantially limits" requirement in the definition⁠[3]

Federal law

The EEOC's ADA regulation defines a mental impairment to include any mental or psychological disorder, "such as" an intellectual disability, organic brain syndrome, emotional or mental illness and specific learning disabilities.⁠^[12] The ADA's list of major life activities includes sleeping, learning, reading, concentrating, thinking, communicating and working, and also the operation of major bodily functions such as neurological and brain functions.⁠^[13]

Since January 1, 2009, the ADA has directed that the definition of disability be construed in favor of broad coverage.⁠^[14] The EEOC regulation states that it should easily be concluded that "major depressive disorder, bipolar disorder, post-traumatic stress disorder, obsessive compulsive disorder, and schizophrenia substantially limit brain function."⁠^[4] The same regulation also says that not every impairment is a disability.⁠^[11]

Three federal rules are especially relevant to conditions that fluctuate or are managed with treatment:

• Episodic conditions. An impairment that is episodic or in remission is a disability if it would substantially limit a major life activity when active.⁠^[5]
• Medication. Whether an impairment is substantially limiting is decided without regard to the helpful effects of mitigating measures such as medication or learned behavioral modifications.⁠^[6]
• One job is not enough for the activity of "working." In the Second Circuit, a person who relies on a limitation in working has to show the condition precludes a class or broad range of jobs, not a single particular job.⁠^[15] The same condition may still limit another major life activity, such as sleeping or concentrating.⁠^[13]

The ADA also excludes a short list of conditions by name, including compulsive gambling, kleptomania and pyromania.⁠^[16]

New York State law

The Division of Human Rights' regulation says the State definition is more comprehensive than federal law and covers many conditions found not to be disabilities under the ADA.⁠^[17] The Court of Appeals has read the State definition to reach conditions that are "merely diagnosable medical anomalies," and the Second Circuit, applying that reading, held that a medically diagnosable impairment need not substantially limit normal activities to be a disability under the State law.⁠^[18]

New York City law

In New York City, the NYC Commission on Human Rights says the City definition includes psychological disabilities "whether or not they are visible or apparent," and gives mental health diagnoses as an example of conditions that may remain "invisible" to others.⁠^[19] The Commission also says a condition can meet the City definition even if it does not substantially limit the person's major life activities, which it describes as distinct from federal law.⁠^[20]

The City law generally applies in employment to employers with four or more persons, the State law to all employers within the state, and the ADA to employers with 15 or more employees.⁠^[21][22][23] For the definitions in full, see what counts as a disability in New York.

Do I have to disclose a mental health condition?

When applying. Under the ADA, before a job offer an employer may not ask an applicant whether the applicant has a disability or about its nature or severity; it may ask about the ability to perform job-related functions.⁠^[7] The State regulation says the employer "must not make pre-employment inquiries with regard to the existence of a disability or need for accommodation."⁠^[8] For New York City, the Commission says it may be unlawful for an employer to ask an applicant whether he has a disability.⁠^[24]

While employed. Under the ADA, an employer may not ask an employee whether the employee has a disability, or about its nature or severity, unless the inquiry is job-related and consistent with business necessity.⁠^[9] The details are in the guide to medical questions and exams.

When asking for an accommodation. The accommodation duties are tied to what the employer knows. The ADA speaks of "known" limitations and the State law of "known" disabilities.⁠^[25][26] The City law reaches a disability that "is known or should have been known" by the employer.⁠^[27] Under the State regulation, the employee makes the disability and the need known and cooperates in providing information necessary to verify the disability or consider the accommodation.⁠^[10]

When the employer notices a problem first. For New York City, the Commission says an employer that knows an employee's performance has diminished, and has a reasonable basis to believe the issue is related to a disability, has to initiate a cooperative dialogue, without assuming a disability. If the employee chooses not to disclose a disability in that conversation, the employee does not waive the right to raise it later.⁠^[28]

Whether and when to disclose is a personal decision. Timing can matter under federal law: EEOC guidance on the ADA says reasonable accommodation is always prospective, so an employer is not required to excuse past misconduct even if a disability caused it.⁠^[29]

What accommodations do the sources describe?

None of the three statutes has a list written for mental health conditions; the general lists apply. The ADA names job restructuring, part-time or modified work schedules and reassignment to a vacant position.⁠^[30] The State regulation names modified work schedules and adjustments to a work schedule for treatment or recovery.⁠^[31] Examples that appear in the cited sources include:

• A later or adjusted schedule. EEOC guidance on the ADA gives the example of an employee with major depression whose medication makes him groggy in the morning, and describes a later schedule as a reasonable accommodation if the job can be done on those hours.⁠^[29]
• Breaks and time for treatment. EEOC guidance says it may be a reasonable accommodation to give an employee a break to take medication or to grant leave so the employee can obtain treatment.⁠^[29] For New York City, the Commission mentions flexible arrival and departure times and extended lunch breaks to make medical appointments.⁠^[32]
• Changes in supervision. EEOC guidance says an employer does not have to provide a new supervisor, but the ADA may require that supervisory methods be altered.⁠^[29]
• Remote work. EEOC guidance says working at home can be a required accommodation where the essential functions can be performed there and there is no undue hardship.⁠^[33]
• Leave. EEOC guidance treats accrued paid leave or unpaid leave as a form of accommodation when a disability makes it necessary.⁠^[34]

EEOC guidance also says side effects of medication taken for a disability are limitations resulting from the disability, so the accommodation duty extends to them, and that monitoring whether an employee takes medication is not a reasonable accommodation.⁠^[29]

In March 2025 the Second Circuit held in Tudor v. Whitehall Central School District that an employee may qualify for an ADA accommodation even if she can perform the essential functions of her job without it.⁠^[35] More detail is in the guides to remote work and schedule changes, medical leave as an accommodation and how to request an accommodation.

What can the employer ask for, and who sees it?

Documentation. EEOC guidance on the ADA says that when a disability or the need for accommodation is not obvious, an employer may ask for reasonable documentation: only what is needed to establish that the person has an ADA disability and that it necessitates the accommodation. In most situations, the guidance says, an employer cannot request complete medical records.⁠^[36] Under the State law, the employee cooperates in providing medical or other information that is necessary to verify the disability or to consider the accommodation.⁠^[10] For New York City, the Commission says that unless the exact diagnosis is necessary, an employer cannot require that the specific diagnosis be disclosed.⁠^[37]

Confidentiality. Under the ADA, medical information an employer obtains is kept on separate forms, in separate medical files, and treated as a confidential medical record. Supervisors may be told of necessary work restrictions and accommodations, and first aid and safety personnel may be told if emergency treatment might be needed.⁠^[38][9] EEOC guidance says an employer may not tell coworkers that an employee is receiving an accommodation.⁠^[29] Under the State law, the employee has a right to have medical information provided for an accommodation kept confidential.⁠^[10] For New York City, the Commission says documentation shared in the accommodation process is to be kept confidential.⁠^[37]

These rules cover medical information the employer obtains. What a human resources department may share about other matters is a separate question; see is HR confidential.

Conduct rules, safety concerns and harassment

Conduct. The State regulation says the Human Rights Law does not require accommodation of behaviors that fail workplace behavior standards consistently applied to all similarly situated employees, even if a disability causes them, though reasonable and necessary deviations from time and attendance policy are to be allowed as accommodations.⁠^[39] In its ADA guidance the EEOC says an employer may discipline for a past violation of a job-related conduct standard while still having to consider an accommodation for the future.⁠^[29]

Safety. Under the EEOC's ADA regulation, a "direct threat" is a significant risk of substantial harm that cannot be eliminated or reduced by reasonable accommodation, and the determination rests on an individualized assessment of the person's present ability to do the job safely.⁠^[40] The State regulation likewise defines direct threat as a significant risk of substantial harm that cannot be eliminated or reduced by reasonable accommodation, determined by an individualized assessment.⁠^[41]

Harassment. Harassment because of a mental health condition falls under the disability harassment rules. In the Second Circuit, federal ADA hostile work environment claims use the "severe or pervasive" test; the State statute makes disability harassment unlawful regardless of whether it would be considered severe or pervasive.⁠^[42][43] See disability harassment and hostile work environment.

Retaliation. Under the State law it is an unlawful discriminatory practice to retaliate against a person for requesting a reasonable accommodation, and the City law lists the same protected activity.⁠^[44][45]

Time off for a mental health condition

New York State's sick leave law covers a "mental or physical illness, injury, or health condition" whether or not it has been diagnosed or needs medical care at the time, and bars an employer from requiring disclosure of confidential information about the condition as a condition of providing the leave.⁠^[46] The federal Family and Medical Leave Act defines a serious health condition to include a "physical or mental condition" involving inpatient care or continuing treatment by a health care provider.⁠^[47] The programs are compared in FMLA, Paid Family Leave and sick leave.

What people commonly get wrong

• "The employer thought I was unstable, so it owed me an accommodation." Under the ADA no accommodation is owed to a person who is covered only because the employer regarded the person as disabled.⁠^[48] Adverse treatment based on that perception is a separate question; see perceived disability.
• "The federal test is the only test." The State and City definitions do not use the "substantially limits" test.⁠^[2][3]