This page is general information about the law as of November 2026, not legal advice. Laws change and details depend on your situation, so check with an employment lawyer, the EEOC or the Michigan Department of Civil Rights before you act on a specific problem.
The two laws that usually apply
The Americans with Disabilities Act (ADA) is federal. The EEOC explains that it prohibits disability discrimination by employers with 15 or more employees and gives employees a right to reasonable accommodation.
Michigan has its own law, the Persons with Disabilities Civil Rights Act (PWDCRA). Its employment article defines an employer as a person with 1 or more employees (MCL 37.1201), so it can reach small workplaces the ADA does not. Under MCL 37.1103, a disability includes a determinable mental characteristic that substantially limits a major life activity and is unrelated to your ability to do the job, as well as a history of one or being regarded as having one.
Does anxiety or depression count?
Often, yes. The EEOC says a mental health condition can qualify if, left untreated, it would substantially limit things like concentrating, interacting with others, sleeping, or regulating thoughts or emotions. You do not have to stop treatment to qualify. The condition does not have to be permanent or severe, and if symptoms come and go, what matters is how limiting they are when present. The EEOC names major depression, PTSD, bipolar disorder, OCD and schizophrenia as conditions that should easily qualify, and says many others will too.
What an employer cannot do
Under the ADA, the EEOC says it is illegal to fire you, refuse to hire or promote you, or force you to take leave simply because you have a mental health condition. Employers cannot rely on myths or stereotypes about your condition. Harassment because of a disability is not allowed, and an employer cannot retaliate because you asked for an accommodation or contacted the EEOC. At the state level, the Michigan Department of Civil Rights (MDCR) investigates complaints of discrimination at work based on disability, as defined above.
Your privacy
In most situations, the EEOC says, you can keep your condition private. An employer may ask medical questions only in limited situations: when you request an accommodation, after a job offer if everyone in that job is asked, for certain affirmative action programs, or when there is objective evidence you may be unable to do the job or may pose a safety risk. Information you share must be kept confidential, even from coworkers.
When you ask for an accommodation, you may not need to share your diagnosis. The EEOC notes that documentation describing your condition more generally, such as "an anxiety disorder," may be enough.
Reasonable accommodations
An accommodation is a change in the way things are normally done at work. EEOC examples include:
- Altered breaks or schedules, for example around therapy appointments
- Time off for treatment, including unpaid leave if you have no paid leave left
- A quieter workspace, or devices that reduce noise
- Written instructions or other changes in supervision
- Specific shift assignments, or permission to work from home
- Reassignment to a vacant job if you can no longer do your own
Under the ADA, the employer must provide an effective accommodation unless it involves significant difficulty or expense; it can choose among options that work, and cannot charge you for it. The Michigan act has its own rules. Notably, MCL 37.1210 says an employer with fewer than 15 employees is not required to restructure a job or alter schedules as an accommodation, and that restructuring or schedule changes apply only to minor or infrequent duties. Those limits do not apply to public employers or 501(c)(3) nonprofits.
How to ask, and the Michigan 182-day rule
The EEOC says you can ask at any time by telling a supervisor, HR or another appropriate person that you need a change at work because of a medical condition. You do not need to have a particular accommodation in mind, though you can ask for something specific. Because employers do not have to excuse poor performance, the EEOC suggests asking before problems start or grow.
Michigan adds an important step. Under MCL 37.1210(18), you can bring a failure-to-accommodate claim under the state law only if you notified the employer in writing of the need for accommodation within 182 days after you knew or reasonably should have known you needed it. Put your request in writing, by email or letter, and keep a copy.
A short written request might say: "I have a medical condition that is affecting my concentration. I am requesting a reasonable accommodation, such as a quieter workspace and written task lists. I can provide documentation from my health care provider."
Paperwork from your provider
Your employer may ask for a letter from your health care provider. The EEOC's guidance for mental health providers suggests plain-language documentation covering the provider's relationship with you, the general nature of the condition, how it limits you, why a change is needed, and a suggested accommodation, rather than handing over records. Providers should share information only if you ask and sign a release. Ask any therapist or prescriber early whether they complete this kind of letter.
Deadlines if something goes wrong
- EEOC (ADA): the EEOC says to file a charge within 180 days of the violation, or 300 days if the employer is also covered by a state or local employment discrimination law. Ask the EEOC which applies. Phone 800-669-4000.
- Michigan Department of Civil Rights (PWDCRA): MDCR says to file within 180 days of the discrimination, online or by calling 1-800-482-3604.
Leave is a separate set of rights. Taking Time Off Work for Mental Health in Michigan covers the FMLA and Michigan's Earned Sick Time Act. For the day-to-day side, see Anxiety and Depression at Work.
Knowing your rights does not make a hard workplace easy. If the stress of it is affecting your mood, Dr. Lehmann's depression therapy page describes how she works with adults.