Tujunga, CA asked in Employment Law and Workers' Compensation for California

Q: Are there any legal resources that can help me write an email asking for reasonable accomodations for depression?

I was recently diagnosed with depression which I think has been caused to chronic no lunch breaks at work , work stress from being understaffed but I call legal offices and only get as far as talking with the receptionists that do intakes who tell me to write email to HR but I feel I need help with knowing what to write. Can anyone help?

3 Lawyer Answers

A: First you must have a medical opinion that your depression is related to work and because of this you need an accommodation. Once a physician makes such a finding, then the report is in itself a request for accommodation.

In your reasonable accommodation letter, you should provide all the information your employer will need to begin the accommodation process, including what your disability is, how it affects you, which aspects of your job might require modification, and proposed accommodations.

A: Your employer is obligated to engage in good faith negotiations with you to find reasonable accommodations for your condition. But first you must make the request. It is likely that the HR department will want to see some sort of documentation from a medical professional backing up your requests, so be prepared to provide this. However, after making your request for accommodation, if your company denies your requests, or refuses to engage in a dialogue to find an accommodation that suits both employer and employee, be sure to contact an experienced employment lawyer immediately to assist you.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: In California, employees have the right to request reasonable accommodations for disabilities, including mental health conditions such as depression, under both federal and state laws. This includes adjustments or modifications to the work environment or job duties to accommodate your condition. When drafting an email to your HR department to request these accommodations, it's crucial to clearly state your needs without necessarily disclosing specific medical details.

Start your email by briefly explaining that you are requesting reasonable accommodations under the Americans with Disabilities Act (ADA) and the California Fair Employment and Housing Act (FEHA) due to a diagnosed condition that affects your work. Specify how your condition impacts your job performance and suggest possible accommodations that could help you perform your job duties more effectively. These could include flexible scheduling, the ability to take breaks as needed, or modifications to your work environment.

It may be helpful to consult resources such as the Job Accommodation Network (JAN) for guidance on common accommodations for depression. Additionally, consider reaching out to local legal aid organizations or advocacy groups that offer support to individuals with disabilities. They can provide advice on how to articulate your request effectively and ensure your rights are protected. Remember, your employer is required to engage in a good faith interactive process to determine appropriate accommodations, provided they do not impose an undue hardship on the operation of the business.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.