Mental Health and the ADA: What You Need to KnowDec 07, 2022
Employers are required to engage in the interactive process to determine if a reasonable accommodation will help employees with disabilities do their job. Employers need to be aware that this includes mental health issues, and “disabilities” are not always obvious.
According to the US EEOC, 1 in 5 adults in the US experience a mental health issue in 2020, with anxiety, depression and PTSD leading the way. The ADA provides employers cannot discriminate, or refuse to grant a reasonable accommodation to an employee with a mental or physical impairment that substantially limits a major life activity, unless there is an undue hardship.
How should employers handle such requests if it’s not obvious? According to the EEOC, Employers should keep these points in mind:
1. The mental health issue does not need to be permanent.
2. Each medical issue should be assessed individually- all employees are different, their job descriptions are different, and their symptoms/restrictions are all different. If one person cannot perform a specific task due to depression, this does not mean another person also cannot do a particular task. It also does not mean that the same accommodation will be appropriate for two different employees.
3. There are many reasonable accommodations, and they should all be explored if reasonable to assist the employee in performing his essential job duties.
4. If employers are relying on undue hardship to deny a request for a reasonable accommodation, make sure the reason is more than a perceived inconvenience or not profitable for the company.
If you have managers on the front line making decisions for the employees, make sure they are properly trained to identify requests by employees which would trigger an employer obligation under the ADA.
Sign managers up for my comprehensive ADA Course where they will learn everything about the ADA from start to finish, in an easy to navigate 2 hour online program. (link in comments for more info and to enroll)
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Disclaimer: The information on this website is for educational purposes only. The information does not constitute legal advice, and does not create an attorney client relationship with Karly Wannos, The Wannos Law Firm, P.A. or any other attorney employed by the firm. Karly Wannos is licensed to practice law in Florida only, and the information presented on this channel applies to Florida and Federal law only and is not otherwise state specific. Please consult with an attorney before making any important business related decisions. The contents of this post are owned by Karly Wannos, and cannot be duplicated or replicated without her express written permission. May be deemed an attorney advertisement.
The Wannos Law Firm, P.A. provides legal advice to Florida businesses. Karly Wannos is a workplace investigator for claims of discrimination, harassment and retaliation, Florida employment law mediator and provides training to businesses on employment laws.
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