People with OCD need to know about legal protections under the law, what and when to tell their employer about their condition, what accommodations may be requested, and how to protect their rights. The following information is offered as guidance, not legal advice.
The Americans With Disabilities Act
The Americans with Disabilities Act (ADA) is a federal law that was designed to protect those with disabilities from discrimination. The ADA covers employees with physical or mental disabilities who are able to perform their job with reasonable accommodations. Private and religious employers with 15 or more employees and all public sector employers fall under this federal mandate. The ADA does not specifically identify medical conditions that are covered under the law. The law defines a disability as “a physical or mental impairment that substantially limits one or more major life activities” under the ADA Amendments Acts. Your employer may ask for documentation from your mental health provider to substantiate your disability. Larger companies usually have policies and procedures outlining how the employer addresses requests for accommodations. If so, it would be helpful to be aware of these before disclosing your OCD as a disability.
Reasonable Accommodations
It is important to understand that requests for accommodations need to be considered reasonable. According to the Job Accommodation Network, this means: “…any modification or adjustment to a job or the work environment that will enable a qualified applicant or employee with a disability to participate in the application process or to perform essential job functions. Reasonable accommodation also includes adjustments to ensure that a qualified individual with a disability has rights and privileges in employment equal to those of employees without disabilities.” The EEOC states that employers are required to provide reasonable accommodations unless doing so would cause ‘undue hardship’ to the employer.
Should You Disclose Your OCD?
There are risks and benefits to disclosing your mental health condition on the job. If the symptoms interfere with your ability to do your work, you may have to disclose them in order to protect your job. It is wise to do some homework before you disclose. That includes doing the following: You may want to contact the Job Accommodation Network (JAN) before you talk to your employer. They can advise you about what and how to disclose, and what types of accommodations are usually offered based on your specific needs. You can also print information from their website about accommodating mental disabilities to provide to your employer when you disclose. Doing so lets them know that you are aware of your rights and provides them with a resource for determining what accommodations may be reasonable in your situation.
Discrimination
If you believe you have been discriminated against, you may file a claim at the EEOC office nearest you. In some cases, you have only 180 days to file. The claim will be investigated, which can take a long time. People who file claims are also protected legally from retaliation for making a claim. While it is difficult to prove retaliation, it happens. Document any concerns and report these to the EEOC.
Disability Benefits
If your OCD symptoms significantly disrupt your social behavior or cognitive abilities to the point that it is impossible to do your job, you may qualify for disability benefits. In order to qualify, your condition must be both severely debilitating and well documented.
A Word From Verywell
If your OCD symptoms are affecting your work, it is important to be aware of your rights. Consider whether or not you want to disclose your condition to your employer. If you decide to request accommodations, check resources such as the Job Accommodation Network to learn more.
