February 5, 2023

Volume XIII, Number 36

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February 03, 2023

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February 02, 2023

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Mental Health in the Workplace: Addressing Employee Wellness and Raising Awareness in a Modern Era

With more employees returning to the office and physical workplaces as pandemic restrictions are eased and with an increasingly competitive labor market, it is especially important that employers be vigilant in responding to the mental health needs of their employees.

One in five U.S. adults aged 18 or older, or 52.9 million people, live with some form of mental illness, according to 2020 data from the National Institute of Mental Health. More than 14 million, or 5.6 percent of all U.S. adults, live with serious mental illness, according to the data. Less than half of adults with any mental illness actually sought treatment in 2020.

There is also a good deal of evidence that the last two years of isolation that resulted from the COVID-19 pandemic has exacerbated the problem. Many are anxious to return to the office or physical workplaces or be in social settings once again, while others are eager to be back around other people. Others carry anxiety over having to protect high-risk family members or over having to take care for someone with long-term complications from COVID-19.

This means monitoring workers’ mental health may be a major concern for employers moving forward as they try to optimize productivity and retain well-trained talent. Gone are the days of telling a worker to just “get over it” or “snap out of it and come back tomorrow ready to work” as was common among older generations.

Attitudes around mental health wellness are changing, with younger generations more open and attuned to such issues. Employers may want to respond to employees’ mental health issues and provide an environment where their employees can not only succeed but thrive. Further, employers that do take an active role in promoting employee mental health are going to have an advantage in acquiring and retaining talent.


The issue could have real legal consequences for employers as well. Mental health conditions accounted for 30 percent of Americans with Disabilities Act-related charges filed in the fiscal year 2021, according to data recently released by the U.S. Equal Employment Opportunity Commission (EEOC). In 2011, mental health conditions only accounted for 20 percent of all charges, according to the EEOC. Moreover, while charges per year for discrimination based on depression has remained relatively stable over the past decade, the number of claims based on anxiety disorder in 2021 was nearly double the number in 2011 and accounted for 11.6 percent of all disability discrimination charges filed last year, according to the EEOC.

Key Takeaways

Employers may want to be more observant of employee behavior and immediately reach out to those employees who act uncharacteristically or erratically as those may be signs of underlying mental health issues. Additionally, employers may want to provide safe and confidential procedures and assistance programs to seek treatment for potential mental health problems.

May is Mental Health Awareness Month in the United States, which is aimed at reducing the stigma around mental illness and encouraging those suffering from mental illness to seek treatment. Individuals who need immediate assistance can call the National Suicide Prevention Lifeline at 1-800-273-TALK, which may be accessed by the three-digit code 988 across the U.S. by July 16.

© 2023, Ogletree, Deakins, Nash, Smoak & Stewart, P.C., All Rights Reserved.National Law Review, Volume XII, Number 144

About this Author

William Grob Tampa Florida Labor Employment Attorney Ogletree Deakins Nash Smoak & Stewart PC

Bill Grob focuses his practice exclusively on labor and employment law representing management. He has served as lead trial counsel in cases in federal and state courts, and has extensive experience as lead counsel in a variety of labor and employment matters, including numerous collective actions, involving wage/hour and overtime litigation, race discrimination, disability discrimination, leave issues and harassment. Much of Bill’s practice involves representing professional sports teams and organizations, theme parks, entertainment venues and organizations,...

Senior Marketing Counsel

In the Senior Marketing Counsel role, Zachary develops strategy for the firm’s blog and other content. He serves as a lead writer for articles and blog posts for publication on the firm’s website both individually and in consultation with firm attorneys. He also works closely with the Client Services department and firm attorneys to develop relevant content, including through use of webinars, publications, blogs, podcasts, and graphics.

Prior to joining Ogletree Deakins, Zachary served as a Senior Reporter for Law360, a leading online legal news publication, covering the sports and...