As mental health issues become increasingly recognized in the workplace, requests for accommodations related to these conditions are rising. Organizations are legally obligated under the Americans with Disabilities Act (ADA) to handle these requests with the same seriousness they would for any other disability.
In a recent podcast episode, employment law experts Cepideh Roufougar and Joanne Lambert discussed the growing trend of mental health accommodation requests and outlined practical steps for employers to remain compliant with the ADA while supporting their employees.
Roufougar noted that mental health disabilities might not be visible, making it crucial for employers to engage in a thorough and empathetic interactive process when evaluating accommodation requests. This process allows employers to understand their employees’ specific needs and offer appropriate support.
The discussion highlighted several examples of accommodations that have been effective in supporting employees with mental health challenges. Requests for time off to seek treatment or adjust to medication changes are among the most common. For instance, Roufougar shared a case where an employee needed extended leave to manage schizophrenia symptoms, illustrating the importance of patience and collaboration in finding solutions.
Lambert added that many employees seek adjustments to how they receive information, such as requiring more detailed instructions or different communication methods. This approach can help employees with conditions like Attention Deficit Hyperactivity Disorder (ADHD) or anxiety perform better at work. Instead of questioning the validity of these requests, employers should focus on how they can modify their communication and support strategies to meet the needs of these employees.
Another area of interest in accommodations is the role of service animals in the workplace. Lambert emphasized that service animals can be trained to assist employees with mental health disabilities in various ways, such as providing comfort during anxiety attacks or helping individuals with post-traumatic stress disorder (PTSD) feel safer in their environment. She noted that while emotional support animals offer comfort, service animals have specific training to perform tasks that help individuals manage their conditions.
Despite the increased awareness of mental health issues, employers often struggle with how to approach accommodation requests that arise following performance evaluations or disciplinary actions. Roufougar urged employers to consider the context of these requests and to view them as opportunities to explore how they can better support their employees rather than assuming they are excuses for poor performance.
To improve the interactive process, both experts advocated for customizing the forms used to gather information about accommodation requests. Standardized forms often do not capture the nuances of mental health issues, making it challenging to determine appropriate accommodations. Roufougar and Lambert suggested that tailored forms could better address the specific functional limitations of employees and the accommodations that could assist them.
In summary, as mental health considerations become more prevalent in the workplace, employers must adapt their practices to meet the needs of their employees. By engaging in an open dialogue and providing thoughtful accommodations, organizations can foster a more inclusive and supportive work environment for all employees.
