Dallas Employment Lawyer Blog
Mental health struggles do not clock out when you clock in. If stress or anxiety is affecting your ability to do your job, you may have more options than you think. Texas workers are protected under both federal and state law, and understanding these protections can make a real difference in your day to day work life.
Do Stress and Anxiety Qualify as Disabilities?
Under the Americans with Disabilities Act, as amended (ADAAA), a condition qualifies as a disability if it “substantially limits one or more major life activities.” Anxiety disorders, including generalized anxiety disorder, panic disorder, and PTSD, often meet this standard when they are diagnosed and documented by a healthcare provider. General workplace stress on its own usually does not qualify, but chronic stress tied to a diagnosed mental health condition can.
Texas also has its own protections through the Texas Labor Code, specifically Chapter 21 (the Texas Commission on Human Rights Act), which mirrors much of the ADAAA and applies to most employers with 15 or more employees.
What Counts as a Reasonable Accommodation
A reasonable accommodation is any adjustment to your job or work environment that allows you to perform your essential duties without causing the employer undue hardship. For anxiety and stress, common accommodations include:
– A quieter workspace or permission to use noise cancelling headphones
– Flexible scheduling or the ability to take short breaks when needed
– Remote or hybrid work arrangements
– Modified deadlines during high stress periods
– Written instructions instead of verbal ones, to reduce miscommunication
– Time off for therapy appointments or treatment
– Adjusted lighting or reduced sensory input in the workspace
Every situation is different, and what helps one person may not help another. The goal is to find something workable for both you and your employer.
How to Request a Reasonable Accommodation
Start by putting your request in writing to your HR department or supervisor. You will likely need documentation from a doctor or mental health professional confirming that you have a condition and describing the type of accommodation that would help. Be specific about what you are asking for and how it relates to your job duties.
Employers in Texas are required to engage in what is called an “interactive process,” meaning they need to have a genuine conversation with you about your needs and possible solutions, rather than dismissing the request outright. However, the law does not require that an employer grant the exact accommodation–but it must furnish reasonable alternatives. However, those alternatives must actually address the symptoms or issues that the original request would have. Beware- reasonable accommodation requests may be rejected if it places an “undue burden” on the employer. This is a very specific legal standard that is highly litigated in failure to accommodate lawsuits.
If Your Request Is Denied
If your employer refuses to accommodate you without a valid reason, or retaliates against you for asking, you may have grounds for a complaint. Texas workers can file a charge with the Texas Workforce Commission Civil Rights Division and the Equal Employment Opportunity Commission (EEOC). There are strict deadlines for filing, generally 180 days from the date of the incident for state claims, so do not wait too long if you believe your rights were violated.
Taking Care of Yourself
Asking for help at work can feel uncomfortable, but protecting your mental health is not a luxury. Texas has real legal frameworks in place to support you. Knowing your rights is the first step toward a healthier, more sustainable work life.
Have you been fired for requesting or requiring reasonable accommodations? Contact me in Dallas or one of my talented colleagues in Houston or Austin today.