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Mental Health Is Now a Retention Problem. For Some Employers, It’s Also a Legal One.

By Jonathan Hyman on April 1, 2026
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One in four employees have considered quitting because of their mental health.

Let that sink in.

Not compensation. Not commute. Not a bad boss. Mental health.

The latest NAMI-Ipsos Workplace Mental Health poll paints a pretty stark picture: employees are stressed, overwhelmed, and—critically—don’t feel safe talking about it at work. Nearly half fear judgment. Even fewer trust HR or leadership with these conversations.

That’s not just a culture problem. It’s a retention problem. And, increasingly, a legal one.

What can employers actually do about it?

Start with the basics. The same NAMI-Ipsos survey found that more than 80% of employees want training on stress, burnout, and crisis response. Give it to them—not a one-off webinar no one remembers, but ongoing, practical training for both employees and managers.

Train managers to recognize warning signs—withdrawal, missed deadlines, sudden performance drops—and to respond appropriately. Not as therapists, but as informed leaders who know when to listen and when to escalate.

Make your resources visible and usable. An EAP buried in a handbook isn’t a benefit. Regularly communicate what’s available, how to access it, and normalize using it. If leadership never talks about these tools, employees assume they shouldn’t use them.

Flexibility matters more than most employers realize. A significant share of the workforce is in what’s sometimes called the “sandwich generation”—simultaneously caregiving for children and aging parents. For these employees, rigid schedules and unsustainable workloads aren’t just inconvenient; they’re breaking points. Thoughtful scheduling, remote options, and realistic workload expectations go a long way toward reducing burnout before it becomes a resignation.

And then there’s culture—the piece that makes or breaks everything else. If employees believe speaking up will make them look weak or cost them opportunities, they’ll stay silent until they quit. Leaders set the tone. When mental health is treated as legitimate and discussable, stigma starts to erode. When it isn’t, all the EAP communications in the world won’t matter.

Where does the ADA come into play?

Not every stressed employee has a disability. But some do.

When an employee’s mental health condition rises to the level of a disability—and the employer knows or should know about it—the ADA’s reasonable accommodation obligations are triggered. That doesn’t require magic words. “I’m struggling with anxiety and need help managing my workload” can be enough to start the interactive process.

From there, the obligation is familiar: engage in good-faith dialogue and consider reasonable accommodations. That might include modified schedules, remote work, additional breaks, leave, or adjusted job duties.

Here’s where many employers go wrong: they treat what looks like a performance problem as only a performance problem. An employee starts missing deadlines, disengages, gets a PIP—and no one stops to ask whether a medical condition might be in play. That’s not just a missed opportunity. Depending on the circumstances, it can be a legal liability.

Ignoring the issue, or treating it purely as a conduct matter without exploring whether something deeper is going on, isn’t a neutral choice. Once an employer knows or should know that a mental health condition may be affecting an employee’s work, the obligation to engage has begun.

The bottom line

The mental health crisis in the workplace isn’t going away. Employers who take it seriously—with real training, visible resources, flexible structures, and cultures where people feel safe enough to speak up—will have a meaningful advantage in retaining the people they’ve worked hard to hire.

Because if you don’t create a workplace where people can cope, they’ll find one where they can.

     

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Photo of Jonathan Hyman Jonathan Hyman
Jon Hyman is a trusted advisor to small and mid-sized businesses across various industries, helping them solve workforce challenges and defend against legal disputes.
He is a shareholder at Wickens Herzer Panza in Avon, Ohio, where he chairs the firm’s Employment and Labor
…
Jon Hyman is a trusted advisor to small and mid-sized businesses across various industries, helping them solve workforce challenges and defend against legal disputes.
He is a shareholder at Wickens Herzer Panza in Avon, Ohio, where he chairs the firm’s Employment and Labor practice group and its Craft Beer practice group, and serves on the firm’s Board of Directors. Jon works closely with clients on all aspects of labor and employment law, providing proactive solutions to prevent issues and a strong defense in litigation when conflicts arise.
As outside in-house counsel, Jon is the go-to advisor businesses call when they need help with employee terminations, drafting policies, handling leave or accommodations, or navigating tricky internal complaints. He also brings deep expertise in areas like wage and hour compliance, workplace technology issues, and union avoidance. Jon builds lasting partnerships with his clients, understanding their unique challenges and helping them achieve long-term compliance and success
When it comes to litigation, Jon stands up for businesses in disputes over discrimination, harassment, wrongful discharge, non-competes, trade secrets, wage and hour issues, and union matters. Jon works with his clients to craft targeted defense strategies that protect their interests and aim for resolutions that support their broader business goals.
Jon also leads the firm’s Craft Beer practice, where he helps breweries, brewpubs, taprooms, and other craft beer businesses tackle their unique legal and regulatory needs.
Jon writes the award-winning Ohio Employer Law Blog, which the ABA Blawg Hall of Fame recognized for its daily insights on labor and employment law. His updates help his clients, HR professionals, and other business leaders stay ahead of labor and employment law changes that impact their daily operations.
Read more about Jonathan HymanEmailJonathan's Linkedin Profile
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  • Posted in:
    Employment & Labor
  • Blog:
    Ohio Employer Law Blog
  • Organization:
    Wickens Herzer Panza
  • Article: View Original Source

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