Questions and answers on accommodating employees with mental disabilities

April 16, 2017 0 COMMENTS

by Jonathan R. Mook

The following article answers some common questions about the Equal Employment Opportunity Commission’s (EEOC) recently promulgated guidance on the Americans with Disabilities Act (ADA) and mental health conditions.

Q Why should employers review the EEOC’s mental health guidance?  Head with gears

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ADA interactive process: When does your obligation to engage begin?

January 15, 2017 0 COMMENTS

by Susan Hartmus Hiser

Q We have an employee whose work performance has been slipping lately. We have reason to believe that she is suffering from depression because she was diagnosed as bipolar and had a bout of depression a few years ago that led to a similar decline in her work performance. We allowed her to work a modified schedule for a brief period while she was being treated by her therapist. She hasn’t requested another accommodation recently. Can we discipline her, up to and including termination, based on her performance, or do we need to take steps to address her depression under the Americans with Disabilities Act (ADA)?   depressed businessman at office working on computer asking for help

A Both the ADA and many state laws place the initial burden on the employee to inform her employer of a need for an accommodation. However, in the situation you describe, given the employee’s history of depression and her attendant performance issues, a court could find that your company was on notice of her need for an accommodation, even though she didn’t request one. That’s particularly true since she required an accommodation to address her performance issues the last time she had a bout with depression. When an employer has knowledge of an employee’s disability, she need not use the word “accommodation” to trigger the ADA obligation of engaging in the interactive process.

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How to respond to an employee who mentions suicide

June 14, 2015 1 COMMENTS

by Kaitlin L. Hillenbrand

Q One of our employees recently told the HR director that she “prays for death every night.” Is there anything we are legally required to do in response?  golden gate emergency phone

A A condition that causes an employee to become suicidal may be covered under the Americans with Disabilities Act (ADA). In that case, it would be an unlawful discriminatory practice to take adverse employment actions based on her condition, and she may be entitled to a reasonable accommodation. If an employee states that she “prays for death every night,” it might be best to initially address the situation under the assumption that she has a condition covered under the ADA.

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