Mental Health Conditions Now Top EEOC Disability Claims

Disability-related discrimination claims at the Equal Employment Opportunity Commission have risen faster than race or sex filings over the past three reporting years. In the most recent EEOC annual report, disability claims accounted for 38% of all charges filed, outpacing race (34%) and sex (26%). The number of disability charges jumped 34% over that period, from 25,004 to 33,668 – a larger increase than any other filing category.

Of all medical conditions cited in disability claims, depression and other mental health conditions led the list. The EEOC’s latest data shows 21% of the disability claims involved depression, anxiety or similar conditions. That is roughly ten times the share for heart conditions (2.4%), cancer (2.9%) or diabetes (2.7%).

The shift presents a challenge for employers. Frontline supervisors generally know the basics of gender and race discrimination. Few have been trained on the affirmative accommodation requirements under the Americans with Disabilities Act for employees with mental conditions that limit substantial life activities. Intermittent leave rights add another layer of difficulty. Conditions like depression or migraine headaches can make attendance unpredictable, and supervisors often lack a framework for managing that uncertainty.