The Invisible Disability

Today is National Disability Independence Day. This day was marked to recognize disability awareness because it is the anniversary of The Americans with Disability Act (ADA). Yet unfortunately, mental illness is often viewed as an invisible disability.

The stigma surrounding mental illness means that too many people hide their struggles, putting on a smile to mask their challenges. Too many don’t want to be a burden. Some aren’t even aware that the ADA covers mental illnesses. And so too many carry on in silence, living with an invisible disability.

Disability independence is not something we’ve achieved yet. Too often stigma stalls equitable treatment of those with both visible and invisible disabilities. True disability independence would mean recognizing the unique needs and irreplaceable contributions of those living with mental illness and other disabilities.

As a reminder, the ADA requires employers and public facilities to make reasonable accommodations to those living with a recognized disability. While it is not in dispute that conditions such as generalized anxiety disorder and major depressive disorder are recognized conditions under the ADA, what is “reasonable” is sometimes very disputed.

As someone who has experience seeking and fighting for accommodations under the ADA, I can say it isn’t always easy. It isn’t always straightforward. And it isn’t always granted. I can also say that people told me that I shouldn’t risk my job by fighting for these accommodations, that the ADA wasn’t really meant for people like me, and that what I wanted wasn’t reasonable. I was told by my employer that if I challenged their decision with the Equal Employment Opportunity Commission (EEOC) or in court, they would seek legal fees from me if they won.

So when I say we get the stigma, it is because I’ve lived it. The LegalMind Society was founded to support legal professionals with their mental health because I didn’t have those opportunities when I was doing this. And although we do not give legal advice on ADA claims, nor represent people in their legal challenges under the ADA, we are here to support people whose anxiety, depression, or other disability is exacerbated by the process.

Fighting for visibility and accommodations for your individual need isn’t easy. We still have work to do. Ironically, the process for getting recognition for your disability can in turn exacerbate that disability. In an ideal world things would get better when one opened themselves up under the ADA, but we do not live in an ideal world.

Despite all of this, I can say that I am glad I sought accommodations for my depression and anxiety. Even though I did not get what I wanted in that moment, I wasn’t left wondering. My position became known to my employer and we were able to move forward from there.

So if you are struggling with something similar right now, know that you are not alone and that we are here to support you. Email info@thelegalmindsociety.org for more information.