Marcus stared at his screen, the code blurring. Another panic attack during standup. His manager noticed his hands shaking. “Maybe you should talk to HR,” she suggested. Marcus felt his stomach drop. Talk to HR? Wasn’t that career suicide? Would they put this in his file? Could they fire him?
Three months later, Marcus looks back on that conversation as the turning point. With reasonable accommodations from HR including remote work flexibility and adjusted meeting schedules, he’s thriving again. “I thought involving HR would end my career,” he reflects. “Instead, it saved it.”
Knowing when and how to involve HR in mental health situations can make the difference between struggling alone and getting the support you need. This guide breaks down your legal rights, when to speak up, what to expect, and how to protect yourself in the process.
Understanding Your Legal Protections
Before we dive into the decision-making process, let’s clarify your rights. The Americans with Disabilities Act provides substantial protections for employees with mental health conditions.
What the ADA Covers
The ADA defines disability as a physical or mental impairment that substantially limits one or more major life activities. Mental health conditions including major depression, PTSD, bipolar disorder, schizophrenia, OCD, and many others qualify for protection. Your condition doesn’t need to be permanent or severe to qualify. If it makes activities more difficult, uncomfortable, or time-consuming compared to most people, it may qualify for protection.
Importantly, what matters is how limiting symptoms would be when present, even if they come and go. If your anxiety is manageable most days but becomes debilitating during high-stress periods, those debilitating periods count for ADA purposes.
Your Right to Reasonable Accommodations
Under the ADA, employers must provide reasonable accommodations that enable you to perform essential job functions, unless doing so would cause undue hardship to the company. For tech workers, common reasonable accommodations include flexible work schedules, remote work options, modified break schedules, quiet workspace or noise-canceling equipment, adjusted deadlines during treatment, permission to attend therapy appointments, and modified communication methods.
The key word is reasonable. Your employer doesn’t have to give you your first choice accommodation, but they must work with you to find an effective solution. They also can’t deny an accommodation simply because it’s inconvenient or costs a small amount. However, they can refuse if it would fundamentally alter your job or create significant difficulty or expense.
Protection from Discrimination
The ADA explicitly prohibits discrimination in hiring, firing, promotion, compensation, and all other employment terms based on mental health conditions. Your employer cannot rely on stereotypes or assumptions about your condition. They need objective evidence that you cannot perform essential job functions even with accommodation, or that you pose a legitimate safety risk, before taking adverse action.
You’re also protected from harassment based on your mental health condition. If colleagues make derogatory comments or create a hostile environment because of your condition, your employer must address it.
graph LR
A[Your ADA Rights] --> B[Protection from Discrimination]
A --> C[Reasonable Accommodations]
A --> D[Privacy Rights]
B --> E[Cannot Fire Based on Condition]
B --> F[Cannot Deny Promotion]
B --> G[Protection from Harassment]
C --> H[Flexible Schedule]
C --> I[Remote Work Options]
C --> J[Quiet Workspace]
C --> K[Modified Duties]
D --> L[Medical Info Stays Confidential]
D --> M[Choose When to Disclose]
D --> N[Shared Only as Needed]
style A fill:#e1f5ff
style B fill:#d4edda
style C fill:#d4edda
style D fill:#d4eddaWhen You Should Involve HR
Not every mental health challenge requires HR involvement. Understanding when to reach out helps you make informed decisions about disclosure.
Clear Situations Where HR Should Be Involved
You need workplace accommodations: If your mental health condition affects your ability to perform job functions and you need changes to your work environment or schedule, you must involve HR. This is the primary reason most people disclose mental health conditions at work. Whether you need flexible hours for therapy appointments, a quieter workspace to manage anxiety, or remote work during difficult periods, these requests go through HR.
You need extended medical leave: Taking leave under the Family and Medical Leave Act requires medical documentation and HR coordination. If you need time off for intensive treatment, hospitalization, or crisis stabilization, HR manages this process.
Your performance is being questioned: If your manager has raised performance concerns that stem from your mental health condition, proactively involving HR protects you. Disclosure before disciplinary action can shift the conversation from performance management to accommodation discussions.
You’re experiencing harassment or discrimination: If colleagues or managers treat you poorly because of your mental health condition, or if you’ve faced adverse employment actions that seem related to your condition, HR needs to know. Document everything first, then report it.
Your condition poses safety concerns: If your symptoms could create safety risks for yourself or others, disclosure becomes more urgent. This includes situations where medication side effects impair your ability to drive to work or operate equipment, or where symptoms might compromise critical systems. Early disclosure allows for proactive accommodation rather than reactive crisis management.
Situations Where You Might Wait
Your condition is well-managed: If you’re in treatment, your symptoms are controlled, and you can perform all job functions effectively, you may not need to disclose. The ADA doesn’t require disclosure if you don’t need accommodations.
You’re still evaluating your needs: If you’re newly diagnosed or still figuring out what accommodations might help, take time to work with your treatment providers first. You can request accommodations once you better understand your needs.
The company culture feels unsafe: Unfortunately, not all workplaces handle mental health disclosures well. If you’ve observed other employees facing negative consequences after disclosure, or if leadership makes stigmatizing comments about mental health, proceed cautiously. You might start by testing the waters through anonymous channels or employee resource groups.
You’re interviewing or just starting: You’re never required to disclose mental health conditions during interviews or at the start of employment. Many people wait until after they’ve proven their capabilities and built credibility before requesting accommodations.
flowchart TD
A[Mental Health Challenge at Work] --> B{Can you perform essential job functions?}
B -->|Yes, without changes| C[Consider NOT disclosing]
B -->|No, or with difficulty| D{Do you need accommodations?}
D -->|Yes| E[DISCLOSE to HR]
D -->|Unsure| F[Consult healthcare provider first]
C --> G{Is performance being questioned?}
G -->|Yes| E
G -->|No| H[Monitor situation]
F --> I{Provider recommends accommodations?}
I -->|Yes| E
I -->|No| C
E --> J[Document everything]
E --> K[Request specific accommodations]
E --> L[Know your rights]
style A fill:#e1f5ff
style E fill:#f8d7da
style C fill:#d4edda
style H fill:#fff3cdHow to Prepare for the Conversation
Once you’ve decided to involve HR, preparation significantly impacts the outcome. Don’t wing this conversation.
Gather Your Documentation
While you don’t need to disclose your specific diagnosis, having medical documentation strengthens your request. Ask your healthcare provider for a letter that includes verification that you have a condition covered under the ADA, confirmation that this condition substantially limits major life activities, specific accommodations recommended, and how these accommodations will enable you to perform essential job functions.
Keep the medical details minimal. HR doesn’t need to know your symptoms, medication details, or treatment history beyond what’s necessary to establish that you qualify for protection and need specific accommodations.
Identify Specific Accommodations
Be concrete about what you need. Instead of saying “I need less stress,” specify “I need to reduce my on-call rotation from weekly to monthly” or “I need permission to work from home on high-anxiety days with 24-hour notice.” Think through how your proposed accommodations maintain productivity. If you’re requesting remote work, explain how you’ll stay connected with the team. If you need modified deadlines, suggest how work can be redistributed.
The Job Accommodation Network provides excellent resources for identifying effective accommodations. Review their suggestions for your specific condition before your HR meeting.
Document Everything
Create a paper trail from the start. Put your accommodation request in writing, even if you first discuss it verbally. Keep copies of all emails, letters, and documentation. Note dates, times, and participants in all meetings. Save any written responses from HR. If HR verbally agrees to accommodations, follow up with an email confirming your understanding of the agreement.
This documentation protects you if accommodations aren’t properly implemented or if you face retaliation. It’s not paranoia, it’s prudent.
Review Company Policies
Read your employee handbook’s sections on disability accommodations, medical leave, and anti-discrimination policies. Check if your company has specific forms or processes for accommodation requests. Look for employee resource groups focused on disability or mental health. Understanding internal processes helps you navigate the system effectively.
The Disclosure Conversation
When you’re ready to talk to HR, approach the conversation strategically.
Who to Talk To First
You have options for initial disclosure. You can go directly to HR, speak to your direct manager first, contact your company’s Employee Assistance Program, or reach out to a disability resource group if available.
Many people prefer talking to their manager first, especially if they have a good relationship. Your manager can advocate for you with HR and help contextualize your request within team needs. However, you’re not required to tell your manager before HR. If you’re uncomfortable with your manager or concerned about their reaction, going directly to HR is completely appropriate.
What to Say
Keep your disclosure focused and professional. You might say something like: “I have a medical condition that qualifies as a disability under the ADA. It’s affecting my ability to perform certain aspects of my job, and I’d like to request reasonable accommodations. I’ve brought documentation from my healthcare provider and have specific accommodation ideas to discuss.”
Notice what this doesn’t include: your diagnosis, symptom details, personal stories, apologies, or excessive explanation. You’re exercising a legal right, not asking for a favor.
The Interactive Process
After you request accommodations, the ADA requires an interactive process where employer and employee work together to identify effective accommodations. This is a dialogue, not a demand. HR might ask clarifying questions about how your condition affects specific job functions. They might propose alternative accommodations to those you suggested. They might request additional medical documentation. They should explain their decision-making process and any concerns about proposed accommodations.
Approach this as collaborative problem-solving. Your employer has legitimate business needs; you have legitimate health needs. The goal is finding solutions that address both.
What HR Can and Cannot Ask
HR can ask how your condition affects specific job functions, what limitations you experience, what accommodations you think would help, and for medical documentation supporting your request.
They cannot ask for your complete medical history, details about your diagnosis beyond confirming ADA coverage, information about medications or treatment, or personal questions unrelated to job functions.
If HR asks inappropriate questions, you can politely redirect by saying “That information isn’t relevant to my accommodation request. I’m happy to provide documentation showing my need for specific accommodations.”
sequenceDiagram
participant You
participant Manager
participant HR
participant Provider
Note over You,Provider: Accommodation Request Process
You->>Provider: Request documentation
Provider->>You: Provide medical letter
alt Comfortable with Manager
You->>Manager: Discuss need for accommodations
Manager->>HR: Support your request
else Prefer HR First
You->>HR: Submit written request
end
You->>HR: Submit formal request + documentation
HR->>HR: Review request & documentation
HR->>You: Schedule interactive meeting
Note over You,HR: Interactive Process
HR->>You: Clarifying questions
You->>HR: Answer (job functions only)
alt Approved
HR->>You: Approve accommodations
HR->>Manager: Implement accommodations
You->>You: Monitor effectiveness
else Need More Info
HR->>You: Request additional documentation
You->>Provider: Get additional docs
Provider->>HR: Provide requested info
else Denied
HR->>You: Explain denial + alternatives
You->>HR: Appeal or request alternatives
end
Note over You,HR: Ongoing: Document EverythingCommon Tech-Specific Accommodations
Let’s look at accommodations that work particularly well in tech environments:
Schedule Flexibility: Allowing therapy appointments during work hours, flexible start times to accommodate medication adjustment periods, permission to shift hours for better medication timing, or reduced on-call responsibilities.
Environment Modifications: Private office or quieter desk location, noise-canceling headphones or white noise machines, permission to work from home regularly or as needed, reduced open-office time with dedicated focus blocks, or dimmer lighting options for those sensitive to bright lights.
Communication Adjustments: Written instructions instead of verbal-only, advance notice for meetings when possible, option to have cameras off in video calls, permission to take breaks during long meetings, or modified standup format that doesn’t require public speaking.
Workload Management: Modified deadlines during treatment intensification, temporary reduction of responsibilities, exemption from after-hours events, reduced travel requirements, or project timeline adjustments.
Technology Accommodations: Screen readers or text-to-speech for focus issues, task management software for organization, calendar reminders for time management, or filters to reduce digital distractions.
What Happens After Approval
Once HR approves accommodations, implementation begins. You should receive written confirmation of approved accommodations, clear timeline for implementation, designated point person for questions, and scheduled check-in to assess effectiveness.
Accommodations aren’t set in stone. As your condition changes or you discover what works better, you can request modifications. Regular check-ins with HR ensure accommodations remain effective and identify any implementation problems early.
If your manager or colleagues resist accommodations, document the resistance and report it to HR immediately. Your manager cannot undermine approved accommodations because they’re inconvenient or because they don’t “believe in” mental health conditions.
Protecting Your Privacy
One of the biggest concerns about involving HR is confidentiality. Understanding privacy rules helps you control information flow.
What HR Must Keep Confidential
Medical information must be kept in separate, confidential files apart from your personnel file. Only people with a need to know can access this information. This typically includes HR staff handling your case, your direct supervisor who needs to implement accommodations, safety personnel if accommodations involve safety, and first aid staff if emergency protocols are needed.
HR cannot share your diagnosis, treatment details, or other medical information with your manager unless absolutely necessary for accommodation implementation. Even then, disclosure should be minimal.
What Gets Shared with Your Manager
Your manager needs to know you have a qualifying condition requiring accommodation, specific accommodations they need to implement, and any work restrictions. They don’t need to know your diagnosis, treatment details, prognosis, or personal health information.
You can work with HR to craft the message to your manager. For example, HR might tell your manager “Employee has a medical condition requiring accommodation. They need permission to work from home on Tuesdays and Thursdays for medical appointments” rather than “Employee has anxiety and needs to avoid the office for therapy.”
What You Can Control
You decide how much to share with colleagues. Some people are open about their mental health; others keep it private. Neither approach is wrong. You also control whether your condition goes into company surveys or diversity reports (this is voluntary), whether you join employee resource groups publicly or anonymously, and how much detail you provide beyond the minimum needed for accommodations.
When Things Go Wrong
Despite legal protections, problems sometimes occur. Know your options.
If Your Request Is Denied
Denials should come with written explanation of why accommodations were denied and alternative accommodations offered. If denied, request written explanation, ask about alternative accommodations, consult with your healthcare provider about other options, and consider filing an internal appeal.
Employers can only deny accommodations if they cause undue hardship or if you cannot perform essential job functions even with accommodation. “We don’t want to set a precedent” or “other employees might get jealous” are not legally valid reasons for denial.
If You Face Retaliation
Retaliation for requesting accommodations is illegal. Signs of retaliation include sudden negative performance reviews, exclusion from projects or meetings, demotion or pay reduction, increased scrutiny compared to peers, or termination shortly after disclosure.
If you suspect retaliation, document everything meticulously, report it to HR in writing, consult an employment attorney, and consider filing an EEOC complaint.
Filing an EEOC Complaint
If internal processes fail, you can file a charge with the Equal Employment Opportunity Commission. You must file within 180 days of the discriminatory action (300 days in some states). The EEOC will investigate your complaint and may pursue legal action or give you a “right to sue” letter. This process can take months or years, so document everything from the beginning.
Special Considerations for Tech Workers
Tech culture presents unique challenges around mental health disclosure.
The “Always On” Culture
Many tech companies pride themselves on unlimited vacation and flexible schedules while simultaneously creating cultures where nobody actually takes time off. When requesting accommodations, be explicit about boundaries. “I need to leave at 5 PM for therapy” is clearer than “I need flexible hours.”
Remote Work Battles
With return-to-office mandates increasing, remote work accommodations are getting pushback. If your mental health condition necessitates remote work, your request is protected under the ADA. Employers cannot deny it simply because they’ve implemented an RTO policy. However, be prepared to show how remote work specifically addresses your condition and enables you to perform essential functions.
Startup Environments
Smaller companies and startups may have less formal HR infrastructure. The ADA only applies to companies with 15 or more employees. If you work for a smaller startup, you may have fewer legal protections, though state laws might offer additional coverage. However, many startups are more flexible and willing to work with you informally. Without formal HR, work directly with your manager or CEO.
Making the Decision
Ultimately, the decision to involve HR is deeply personal. Consider these factors: Are you able to perform your job without accommodations? How would accommodations improve your work life and health? What’s your company’s track record with mental health? What do you have to lose by not disclosing? What could you gain by disclosing? Can you afford legal help if things go poorly?
There’s no universal right answer. Some people thrive after disclosure; others regret it. Trust your instincts about your specific workplace while understanding your legal rights.
Remember Marcus from the beginning? His advice is simple: “I wish I’d known my rights before that conversation. I almost didn’t disclose because I was terrified. But I also wish I’d known that not every workplace is safe. I got lucky. My company supported me. But I have friends whose careers tanked after disclosure. Know your rights, but also know your company. And whatever you decide, document everything.”
Whether you involve HR or manage your mental health privately, you deserve to thrive at work. Your mental health is just as legitimate as any physical health condition. The law agrees. Now you know how to protect yourself while seeking the support you need.
References and Resources
- U.S. Equal Employment Opportunity Commission: “Depression, PTSD, & Other Mental Health Conditions in the Workplace: Your Legal Rights”: https://www.eeoc.gov/laws/guidance/depression-ptsd-other-mental-health-conditions-workplace-your-legal-rights
- ADA National Network: “Mental Health Conditions in the Workplace and the ADA”: https://adata.org/factsheet/health
- Mental Health America: “What mental health accommodations can I ask for at work?”: https://screening.mhanational.org/content/what-mental-health-accommodations-can-i-ask-work/
- U.S. Department of Labor: “Accommodations for Employees with Mental Health Conditions”: https://www.dol.gov/agencies/odep/program-areas/mental-health/maximizing-productivity-accommodations-for-employees-with-psychiatric-disabilities
- Career Services University of South Florida: “Your ADA Rights: Requesting Remote Work for Mental Health Amid RTO Policies” (2025): https://careers.usf.edu/blog/2025/06/11/your-ada-rights-requesting-remote-work-for-mental-health-amid-rto-policies/
- Harvard Business Review: “When Your Employee Discloses a Mental Health Condition” (2021): https://hbr.org/2021/02/when-your-employee-discloses-a-mental-health-condition
- HR Dive: “‘I need a mental health day’: How HR can both accommodate and appreciate disability at work” (2023): https://www.hrdive.com/news/mental-health-how-hr-can-accommodate-and-appreciate-disability/652978/
- Workplace Mental Health: “Reasonable Job Accommodations”: https://workplacementalhealth.org/mental-health-topics/reasonable-job-accommodations
- Job Accommodation Network (JAN): https://askjan.org/
