Accommodation requests for mental health issues are on the rise. While these disabilities may not always be outwardly apparent, it is crucial for employers to address mental health accommodation requests with the same level of diligence as any other disability, as legally required.
On a recent episode of We get work®, hosts Cepideh Roufougar and Joanne Lambert delved into best practices for employers in engaging with the interactive process necessary for accommodating employees struggling with mental health concerns and ensuring their continued productivity in the workforce.
Roufougar and Lambert emphasized that understanding and accommodating mental health disabilities is both a legal and ethical obligation for employers, especially as these requests become more common.
Roufougar, who has two decades of experience in this area, shared an early case involving an employee suffering from schizophrenia who, unbeknownst to the company, had only revealed his condition long after being hired. The interactive process between the employer, employee, and his family allowed the team to take actionable steps, including granting leave and facilitating support, despite an inability to retain him at the company long term.
Roufougar highlighted the importance of ensuring that everyone involved in the process feels heard, particularly noting the unique challenges in managing mental health needs compared to physical disabilities.
Lambert, with over 30 years in employment law, attested to seeing an increase in requests for accommodations related to mental health. Personal experience has made her passionate about supporting individuals in such situations.
She illustrated this by recounting a case involving an employee with Obsessive-Compulsive Disorder (OCD), whose morning routine, which included sharpening pencils, became disruptive to the workplace. The solution involved slightly adjusting the employee’s work hours to allow him to complete his routine before coworkers arrived, thus resolving the issue effectively.
Roufougar noted a trending request for extended leave, as many employees require time off for treatment or to adjust to changes in their medication. This has also been a significant aspect of Roufougar’s experiences.
Between performance management and mental health challenges, Lambert pointed out a common situation where employees disclose their mental health conditions only after having received negative evaluations, which can lead employers to question the authenticity of the request. Employers need to shift this mindset, recognizing the legitimacy of mental health struggles and fostering a supportive environment.
The ongoing struggles for employers, as highlighted by Roufougar, include the misunderstandings surrounding the necessity of providing accommodations. Employers often find themselves navigating unchartered waters when mental health disabilities come into play due to the invisible nature of these conditions.
Both attorneys emphasized the importance of not solely relying on standardized forms during the interactive process. They urged employers to engage in personalized discussions to gain relevant insights that can lead to effective accommodations.
Lambert, an expert on service animals in the workplace, discussed the importance of understanding the distinction between service animals, emotional support animals, and therapy animals. She explained how service animals can perform specific tasks that aid individuals with mental health disabilities, thus creating more grounded interactions in the workplace.
Roufougar echoed these insights, reinforcing the need for comprehensive forms that address mental health disabilities specifically. Standardized options often fall short and can impede productive dialogues necessary for reasonable accommodations.
In closing, Roufougar referenced a notable U.S. Supreme Court decision which emphasizes the importance of diminishing stereotypes and fostering an inclusive environment for individuals with disabilities.
The conversation underlined the necessity for reasonable accommodations that not only comply with the Americans with Disabilities Act, but also promote a culture of understanding and support for employees struggling with mental health issues.
As the dialogue around mental health continues to evolve, it becomes imperative that employers recognize their role in supporting productivity while fostering an environment that values openness and understanding.
As both Roufougar and Lambert highlighted, implementing thoughtful strategies can help remove stigma around mental health issues and facilitate better communication and relationships between employers and employees.
Businesses are encouraged to learn from these discussions and consider the legal and practical steps they can take to ensure compliance and support for mental health accommodations within their organizations.
image source from：https://www.mondaq.com/unitedstates/health-safety/1609542/mental-health-accommodations-in-the-workplace-video
