April is National Stress Awareness Month, and while stress is often considered a personal issue, it has significant legal and organizational implications in the workplace. For both employers and employees, understanding the role of workplace stress and how the law responds to it is critical in creating a safe, productive, and compliant work environment. So, on this National Stress Awareness Month, let’s take some time to consider how we should be addressing stress in the workplace.
This conversation is more than timely; it’s essential. Stress-related concerns are on the rise, and employers and employees alike need to be aware of how federal and state employment laws intersect with mental health and workplace well-being. Let’s explore what both sides need to know.
Understanding Stress as a Legal Concern
Many people tend to assume work-related stress is nothing more than a wellness issue, but the reality is it can quickly become a legal issue if left unaddressed. Claims of stress in the workplace could trigger potential workers’ compensation claims, as well as potential claims under federal and state law, such as the federal Americans with Disabilities Act (ADA) and the Family and Medical Leave Act (FMLA).
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What Employers Need to Know About Addressing Stress in the Workplace
Employers have a legal obligation to provide a safe and nondiscriminatory workplace under both federal and state laws. When an employee discloses their stress is interfering with their ability to perform essential job functions, it could trigger the requirement to provide reasonable accommodations. Here’s an overview of what employers should know.
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Key Legal Considerations for Employers
Employers have many important considerations when it comes to addressing stress in the workplace because, ultimately, failure to do so can have significant legal ramifications if left unaddressed. Here are some of the most pressing considerations employers should know:
- Take Stress Seriously: If an employee communicates that they are dealing with stress-related symptoms, particularly if they reference anxiety, depression, or other mental health conditions, employers should treat this as a potential issue under federal and state disability discrimination and related laws, not just a performance or morale concern.
- Engage in the Interactive Process: For example, under the federal ADA, once an employee requests an accommodation, the employer often is required to engage in a good faith, interactive process to determine what accommodations, if any, can be reasonably provided. This might include a modified schedule, a temporary reassignment, or remote work options.
- Maintain Confidentiality: Any medical or mental health information disclosed in the course of an accommodation request must be kept confidential and handled with care.
- Consider Leave Requests: Employers should also be aware that stress-related mental health or even physical conditions may qualify for protected leave under the ADA, FMLA, or similar state disability discrimination and leave laws. Even short-term disability benefits may come into play, depending on the severity of the condition an employee is facing.
- Create a Supportive Environment: Beyond compliance, a proactive focus on mental well-being can reduce turnover, increase morale, and minimize risk. Consider implementing wellness programs, providing access to mental health resources, and training managers to recognize when someone may need support.
Ultimately, what’s important to take away is that employers should take these claims seriously and work with employees to address the issue in a collaborative and respectful manner.
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What Employees Need to Know About Addressing Stress in the Workplace
Employees who are experiencing stress at work should be aware of their rights under federal and state laws.
Key Legal Rights for Employees:
Here are some key legal rights employees should be aware of:
- You May Be Entitled to Accommodations: If your stress is related to a diagnosed mental health condition and it affects their ability to perform your job, you may be entitled to reasonable accommodations under the ADA. This starts with notifying their employer (typically HR), which may require documentation from a healthcare provider.
You Can Request Protected Leave: If an employee’s condition meets the criteria for a “serious health condition,” they may be eligible for up to 12 weeks of unpaid, job-protected leave under the FMLA. State-specific laws may provide additional protections or benefits – contacting an employment lawyer could be helpful in determining their state’s laws. - Document and Communicate: Keep a record of communications, requests, and any relevant symptoms or diagnoses. You should also be documenting any treatments or doctor appointments related to the stress. Employees should ensure that their doctor explicitly links stress to underlying conditions in documentation. When requesting an accommodation or leave, clarity and professionalism are key to ensuring your concerns are addressed legally and appropriately.
- Retaliation is Prohibited: It is illegal for an employer to retaliate against an employee for requesting a reasonable accommodation or taking protected leave. If they believe retaliation has occurred, an employee may consider speaking with an employment attorney or filing a complaint with the EEOC.
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Why Addressing Stress in the Workplace Matters for Everyone
At its core, addressing stress in the workplace isn’t just about checking legal boxes; it’s about creating a culture where people can thrive professionally, do their best work, and live their best lives.
For employers, that means staying compliant while fostering a healthy, inclusive work environment that recognizes mental health as a vital part of overall wellness.
For employees, it means knowing your rights, advocating for yourself respectfully, taking proactive steps to seek help when needed, and documenting everything.
At the end of the day, in a world where stress is one of the leading causes of burnout, absenteeism, and turnover, tackling this issue with compassion, clarity, and legal awareness benefits everyone.
Thought Leader, Media Expert, Professional Speaker, & Legal Commentator on Addressing Stress in the Workplace, Pay Inequity, & Employment Law
National Stress Awareness Month is an excellent reminder and opportunity for employees and employers to come together in addressing stress in the workplace. For employers, it’s important to treat these claims seriously and work with their employees, and for employees, it’s important to understand and advocate for their rights. Navigating this legal terrain jointly is key to fostering an inclusive, supportive work environment while staying compliant with employment law. I am an expert on all aspects of employment law and am uniquely positioned and qualified to provide expert insight and analysis on all employment law issues. These issues can be complex, especially because they are constantly evolving, so you need a seasoned legal professional to shed light on them. My passion is being a beacon in uncertain times of transition that provides that light.
Employment Law Thought Leader & Professional Speaker on Addressing Stress in the Workplace, Pay Inequity Employment Law, Employment Law Trends, and Breaking Employment Law News
This National Stress Awareness Month is an excellent opportunity for both employers and employees to come and work together to navigate evolving workplace rights and environments in a collective effort to continue addressing stress in the workplace, ensuring a supportive, healthy, and compliant environment for everybody. I am a former employment and labor law attorney turned mediator, ADR, and conflict resolution specialist who believes it is imperative to stay current with groundbreaking changes to employment law for employees and employers alike. My passion is educating the general public on recent developments in employment law and the workplace trends that impact them as a thought leader and legal commentator. As such, I am uniquely qualified to address the issue of discussing politics in the workplace. My more than 20 years of experience as a media legal analyst and contributor led to my radio show on Tavis Smiley’s KBLA Talk 1580, “Legal Lens with Angela Reddock.” I also am a regular speaker and blogger on employment law and issues related to the workplace.
Also, learn more about my book – The Workplace Transformed: 7 Crucial Lessons from the Global Pandemic – here – https://angelareddock-wright.com/book/.
To follow and stream my Legal Lens Podcast, visit here – The Legal Lens Podcast.
For media inquiries, please reach out to josh@kwsmdigital.com.
For more information regarding mediation and dispute resolution resources for both employees and employers, let’s connect on LinkedIn for new updates, or contact me here. You may also follow me on Instagram.
This communication is not legal advice. It is educational only. For legal advice, consult with an experienced employment law attorney in your state or city.