Your therapist just wrote you a letter.

It says your anxiety disorder qualifies as a disability under the ADA. That working from home two days a week would help you manage your symptoms. That this accommodation is medically necessary.

You submit it to HR on Monday.

By Friday, they’ll have denied your request. “Everyone needs to be in the office five days a week. No exceptions.”

Are they allowed to do that?

Usually, no. And that denial might have just created a strong legal claim.

The mental health accommodation surge nobody saw coming

Mental health accommodation requests have exploded since COVID proved remote work actually works.

The numbers are startling. Mental illness diagnoses for adults ages 35 to 44 jumped from 48% in 2019 to 58% in 2023. Remote work is now the number one most requested workplace accommodation, and it’s requested more for mental health conditions than any other disability.

A full 42% of corporate counsel now expect disability accommodation litigation to be a major legal risk in 2026, ranking second overall in employment law exposure. That’s a massive jump driven primarily by employers denying mental health accommodation requests, particularly for remote work.

The EEOC nearly doubled the number of disability accommodation lawsuits between FY 2022 and FY 2023, from 27 to 48. In FY 2024, disability claims appeared in 43% of all EEOC merit lawsuits.

This trajectory isn’t a trend. It’s an avalanche.

What the law actually requires for mental health accommodations

The Americans with Disabilities Act (“ADA”) doesn’t list specific conditions. It defines disability as any physical or mental impairment that substantially limits one or more major life activities.

Mental health conditions absolutely qualify. Anxiety, depression, PTSD, bipolar disorder, ADHD, OCD, autism spectrum disorders: if your condition substantially limits your ability to concentrate, interact with others, communicate, sleep, or regulate your emotions, you’re protected under the ADA.

New York law provides even stronger protections. The New York State Human Rights Law (“NYSHRL”) and New York City Human Rights Law (“NYCHRL”) both define disability more broadly than federal law. Under New York law, you don’t even need to prove your condition substantially limits a major life activity.

And NYC law applies to employers with just four employees, while the federal ADA only covers employers with 15 or more.

Once you have a qualifying disability, your employer has a legal obligation to provide reasonable accommodations unless doing so would cause undue hardship. Remote work can absolutely be a reasonable accommodation. The EEOC has made this clear: if your mental health condition makes it difficult to work in the office, and your job can be performed remotely, then remote work may be a required accommodation.

The fact that your employer let everyone work remotely during COVID makes it harder for them to claim now that being in the office is an “essential function” of your job.

Where employers are getting it wrong

Employers are treating return-to-office mandates as absolute. They’re saying “everyone needs to be in the office” and refusing to consider individual accommodation requests.

All of that is illegal.

When you request an accommodation for a mental health disability, your employer must engage in an interactive process. That means an actual conversation about your needs, your job functions, and what accommodations might work.

They can’t just say no. They can’t cite company policy. They can’t claim that if they accommodate you, they’ll have to accommodate everyone.

Common mental health accommodations include remote work (full-time or hybrid), flexible scheduling for therapy appointments, modified break schedules, quiet workspace, reduced sensory stimuli, and modified supervision approaches.

Your employer doesn’t have to provide the exact accommodation you requested. But they do have to engage in good faith to find an effective accommodation.

Refusing even to discuss alternatives? That’s often enough to create liability on its own.

When “undue hardship” actually holds up

Employers can deny an accommodation if it would cause “undue hardship.” But that’s a very high standard.

Under federal law, undue hardship means significant difficulty or expense. Courts look at the employer’s size, financial resources, and the nature of the business. Under the NYCHRL, the standard is even tougher for employers: they must prove that the accommodation would cause “significant expense or difficulty” in light of the employer’s size and financial resources. NYCHRL is interpreted more favorably to employees than federal law.

For remote work accommodations, proving “undue hardship” is difficult when the employee worked remotely successfully during COVID. If you performed your job well from home for two years, your employer can’t now claim that being in the office is suddenly essential.

What employers often call “undue hardship” is really just inconvenience. “We prefer everyone in the office” isn’t undue hardship. “We want to maintain our culture” isn’t undue hardship. “It’s easier to manage people in person” isn’t undue hardship.

Real undue hardship might be a job that genuinely requires being there: hands-on manufacturing, face-to-face client services, on-site security. But for office jobs that were done remotely during COVID? That’s a tough sell.

Extended leave requests require more analysis. If you need additional unpaid leave beyond FMLA or company policy (for example, three extra months for intensive treatment), your employer can’t just fire you for asking. They must engage in the interactive process or cooperative dialogue (under the NYCHRL) and either prove undue hardship or look for alternative accommodations, including reassignment to a vacant position if they can’t hold your job open. The EEOC has secured multimillion-dollar settlements against major companies that automatically terminated employees for requesting extended medical leave. What employers can’t do is enforce blanket maximum leave policies. But if you can’t provide any return date at all, that indefinite leave may constitute undue hardship.

Recent cases show what happens when employers get this wrong

A Georgia company paid $175,000 to settle a case in which it denied an employee’s request to bring a service dog to work due to anxiety. The employee was fired before working a single shift.

A Rhode Island call center employee with an anxiety disorder requested reassignment when his condition prevented him from performing his call center duties. The employer refused to discuss alternatives even though they had hundreds of nearby job openings. He felt forced to resign. The company paid $100,000 to settle.

A marketing manager who requested to work remotely three days a week to manage her anxiety was terminated. The EEOC filed a complaint.

These aren’t edge cases. This is happening regularly.

The interactive process is where most employers violate the law

The ADA requires an interactive process. That means dialogue. Back and forth. Good faith discussion.

It doesn’t mean any of this:

“Request denied, company policy.”

“We’ll consider it and get back to you,” followed by silence.

“You need to return to the office or resign.”

“We can’t accommodate that, but we’re not discussing alternatives.”

All of those are violations.

The EEOC has been explicit: refusing to engage in the interactive process is itself a violation of the ADA, even if an effective accommodation might not have been possible.

Your employer can ask for medical documentation. But they can’t ask for your complete medical records, just enough information to confirm that you have a disability and need an accommodation.

And they can’t retaliate against you for requesting an accommodation. If you request remote work for anxiety and suddenly find yourself being written up for minor performance issues, that’s likely retaliation.

February 2026 EEOC guidance just changed the game

In February 2026, the EEOC and Office of Personnel Management issued new guidance on telework accommodations for employees with disabilities.

The guidance clarified critical points.

Remote work can be a reasonable accommodation if it enables the employee to perform essential job functions. The fact that an employer has a return-to-office policy doesn’t automatically override accommodation obligations.

If an employee previously worked remotely successfully, that’s strong evidence that remote work is feasible.

Employers can revisit previously granted accommodations when there are “material changes.” Still, they can’t use a general RTO policy to deny all accommodation requests.

This guidance makes clear that return-to-office mandates don’t trump disability accommodation requirements.

What to do if your mental health accommodation request was denied

If your employer denied your request, act quickly.

First, document everything. Keep copies of your accommodation request, medical documentation, your employer’s response, and any conversations about the accommodation.

Second, follow up in writing. Ask your employer to explain why the accommodation was denied and what alternatives they considered. Ask them to engage in the interactive process.

Third, talk to an employment lawyer before you resign. Many people who have been denied accommodations feel they have no choice but to quit. That’s usually wrong, and quitting often hurts your legal claims.

The mistake most employees make

The biggest mistake is not being explicit enough.

Saying “I’m struggling with anxiety” is not the same as requesting an accommodation. You need to make clear that you have a medical condition, that it affects your ability to work, and that you need an adjustment to help you perform your job.

You don’t have to use the phrase “reasonable accommodation” or mention the ADA. But you do need to connect your medical condition to a need for workplace changes.

Get medical documentation early. If your employer asks for it and you can’t provide it, that delays the process.

And don’t accept a denial without pushback. Ask your employer to explain why. Ask what alternatives they considered. Make them engage.

When to talk to a lawyer

You should contact an employment lawyer if your employer refused to engage in the interactive process, denied your request without explanation or discussion of alternatives, retaliated against you after you requested an accommodation, denied a remote work request even though you worked remotely successfully during COVID, or is pushing you toward resignation instead of accommodating you.

At Risman & Risman, we represent New York employees in disability discrimination and accommodation cases. We understand mental health disabilities. We know the accommodation requirements. And we know when employers are violating the law.

If your mental health accommodation request was denied, call us at 212-233-6400 or contact us online for a free confidential consultation.

The accommodation you need might be legally required. And the denial you received might be worth a lot more than you think.

Don’t assume your employer is right. They often aren’t.