“Ask yourself, do I need to get some support? Do I need time to go to therapy?” “Before you decide whether or not to tell HR, ask yourself, what do I need to manage my depression?” psychologist Michael Shahnasarian says. The most important thing is that you are an advocate for yourself. While some people may opt to share with HR their diagnosis, every case is different. You are not required to tell HR about your condition, and they are not permitted to ask you to divulge details about your request for accommodations. Under the Americans with Disabilities Act, as long as you work in a company with 15 or more employees, you are entitled to privacy about your mental health condition. “Then you may not have protections under the ADA, but you have rights under other federal and state laws like the Family and Medical Leave Act (FMLA) that allow you to take leave to get better to a point where you can perform your job,” Gruttadaro says. Say that a person with major depression feels that they cannot get out of bed to perform any work, with or without accommodations. “You have to show that depression interferes with your ability to work or your job performance.” “Just having a diagnosis of depression does not per se qualify you for protection under the ADA,” Gruttadaro says. “You have to show that the accommodations are needed because depression is limiting your ability to work but that you can perform your job with reasonable accommodations,” she says. Please contact your campus administrator if you feel your child may benefit from Section 504.Is Depression Considered a Disability in the Workplace?ĭepression is considered a disability in the workplace, but you may need some medical documentation if you are requesting a reasonable accommodation to show it is needed to perform the job, says Darcy Gruttadaro, JD, chief innovation officer at the National Alliance on Mental Illness (NAMI). A 504 plan follows the student through all school activities, including extracurricular activities. A 504 plan cannot modify the student’s curriculum or the expected level of mastery of the curriculum. These accommodations may be based on physical or mental health, emotional, behavioral, environmental or academic needs of the student.Ī 504 Plan should include only those reasonable accommodations to the regular classroom or educational environment that are required for the student to have equal access to the educational benefits of the school program. Eligible students under Section 504 will receive a 504 Individual Accommodation Plan that outlines any reasonable accommodations to the general education classroom or educational environment that are required for the student to have equal access to the educational benefits of the school. Section 504 also includes service animals, homebound services, auditory impairments, and visual impairments and may include Dyslexia services.Ī student is eligible for Section 504 when the student has a physical or mental impairment that substantially limits one or more major activities. Section 504 provides accommodations in the general education setting for those students with disabilities that are not severe enough to qualify for special education, yet still, substantially limit a major life activity. Section 504 is a federal law designed to protect the rights of individuals with disabilities in programs and activities that receive Federal financial assistance from the U.S. Section 504 and the Americans with Disabilities Act (ADA) aim to eliminate discrimination based on disability. The law was enacted to “level the playing field” for disabled students. As applied to schools, the language of the Act broadly prohibits the denial of public education participation or enjoyment of the benefits offered by public school programs because of a child’s disability. In 1973, when the Rehabilitation Act was passed, the intent was to encourage participation and equal access to federally funded programs by the disabled.
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