As 'SAD' Season Approaches, Employers Should Be Sensitive to Accommodation Requests

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Seasonal affective disorder (SAD) is a type of depression that primarily occurs during fall and winter months. SAD is characterized by persistent feelings of sadness and low energy, and may affect sleep, appetite, and concentration. SAD affects women in higher numbers than men. The disorder may be linked to hormonal changes associated with decreased exposure to sunlight. Over the past several years, employee requests for accommodations related to SAD have increased along with awareness of the disorder and its impact on health.

In our experience, the most common accommodation associated with SAD is a temporary or permanent move to a workspace with windows that allows more sunlight. Some employers push back against these requests, sometimes based on office hierarchies that limit access to window offices to certain levels of employment. Other employers are skeptical over the employee’s motivations and the underlying validity of the SAD diagnosis.

SAD is a recognized mental health diagnosis, and can rise to the level of a protected disability under the Americans with Disabilities Act and equivalent state laws. Employers faced with an accommodation request related to SAD should treat the situation the same as they would any other physical or mental disability. In many cases, the requested accommodation presents little cost or disruption for the employer. Employers should not justify denials of such requests solely on the basis of office rules about who sits near a window, or on coworker views of favoritism toward the affected employee.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. Attorney Advertising.

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