Legal Considerations
If you notice an employee’s job performance is suffering because of anxiety, you have reason to be concerned. An employee who fails to fulfill their responsibilities or who misses significant amounts of work because of anxiety could understandably hurt the company’s performance and their own well-being.
That said, you should not jump to the conclusion that an employee who is struggling has anxiety. Avoid outright telling them that the issue is anxiety: only a qualified medical or mental health professional can diagnose an anxiety disorder. You might also offend the employee if you label them with a particular condition.
The Americans with Disabilities Act (ADA) prohibits harassment in the workplace because of a mental health condition like anxiety. If you make statements about an employee having anxiety, this could contribute to workplace gossip and ultimately be viewed as harassment.
Addressing Anxiety with an Employee
When you notice that an employee’s work performance has declined and suspect anxiety, consider sitting down for a conversation. Be sure to approach the topic with empathy and concern. You may say, “You have always been on top of your workload, but lately, your attendance and productivity have declined. I am concerned for you. Is there something going on that is preventing you from performing like you normally do at work?”
By law, an employee may choose to remain private about having anxiety, but if you have proof that they cannot perform their job or pose a threat to the workplace, you may ask questions about mental health. Understand, though, that if an employee discloses anxiety, you cannot discriminate against them or fire them simply because of the diagnosis. You must also offer them reasonable accommodations that would allow them to perform their job. This could include an altered work schedule to attend counseling or a private workspace that allows them to concentrate.