When preparing to adhere to the guidelines set in the Americans with Disabilities Act (ADA) and the Family Medical Leave Act (FMLA,) you probably automatically think of many common physical injuries, illnesses, and disabilities that would require special treatment in the workplace. However, what you may fail to realize is that mental illness and other mental health issues also qualify as disabilities under the ADA. In fact, according to CPA Practice Advisor, the Equal Employment Opportunity Commission (EEOC) takes the stance that any mental illness that limit’s an individual’s activities, regardless of how severe or permanent, is considered a disability. As such, it’s important to be informed about mental illness in the workplace and your obligations as an employer.
Mental Health and Illness
According to Mental Health First Aid, almost half of Americans will experience some type of mental illness in their lifetime. Common mental health diagnoses include anxiety, depression, obsessive compulsive disorder (OCD), bipolar disorder, borderline personality disorder, post-traumatic stress disorder (PTSD), and schizophrenia. But there are hundreds more conditions that may be applicable to one or more of your employees. In some states, such as California, challenges like attention defecit hyperactive disorder (ADHD) and dyslexia are also considered mental disabilities. Any of these conditions may affect an employee’s ability to perform the essential functions of their jobs.
Best Practices for Mental Health Inquiries
The EEOC notates only four circumstances in which it is acceptable to ask employees about mental health issues. These include:
- When you make a job offer and require the same medical information from all candidates
- When a staff member requests reasonable accommodation
- If you are engaging in affirmative action for disabled people
- When you have objective evidence that the employee is a danger to others or cannot perform the essential functions of their job
In the case that a mental health issue becomes a problem in the workplace and fits into one of the categories above, it is important to maintain proper confidentiality and privacy when addressing the issue. The HR member or manager in charge of the case may wish to work in conjunction with a medical professional such as a plant nurse or medical practitioner and should speak to the employee in question discretely and privately.
Action You Can Take
Once you have objectively determined that an employee’s struggle with mental health is creating an issue in the workplace, you may wish to conduct a fitness for duty exam. This exam should be administered by a medical professional who has adequate knowledge of the employee’s job functions and responsibilities. You should also consult the employee’s personal physician as part of the testing process.
In some cases where the individual is determined to be a threat to others and there are no feasible accommodations available, they may unfortunately need to be terminated. In this case, you’ll want to consult the medical professionals involved in the case before taking any action. Fortunately, in many instances, the employer can provide reasonable accommodations, such as a leave of absence, job transfer, flexible schedule, or a modified break schedule. The staff member in question may also choose to go on medication to improve their condition.
Mental health issues, like any other illness, can be difficult on an individual, their loved ones, and their peers. Treating those afflicted with dignity, adhering to all best practices set forth by the ADA, FMLA, and EEOC, and putting the health of the employee first are good ways to protect yourself and address any issues in a productive and positive manner.
