New Informal Guidance for Employees Suffering from Mental Health Conditions
In the year 2016, the Equal Employment Opportunity Commission (“EEOC”) saw a significant increase in the number of discrimination charges filed. Consequently, the EEOC
recently published a new resource titled, Depression, PTSD, & Other Mental Health Conditions in the Workplace: Your Legal Rights. This informal guide reminds employers and employees that the EEOC has a broad understanding of what constitutes a workplace accommodation.
Employers are not required to hire or retain individuals who are unable to perform the essential functions of their job or those who pose a “direct threat to safety.” Nonetheless, an employers must have “objective evidence,” “not myth or stereotypes,” that the individual is unable to perform his or her job “even with a reasonable accommodation” in order to dismiss an employee. The EEOC also reminds employers that the Americans with Disabilities Act (“ADA”) prohibits asking employees about their medical or health information under particular circumstances. The guidance presents scenarios under which a reasonable accommodation may be required, how to request one, and when an employer must respond. Under the ADA, a mental health condition does not need to be severe in order to be “substantially
limiting.” Moreover, mental health conditions such as major depression, post-traumatic stress disorder, bipolar disorder, schizophrenia, and obsessive-compulsive disorder (OCD) should “easily qualify.” The resource document also provides a vague definition of reasonable accommodation, giving standard examples such as altered break and work schedules, quiet office space, and a change in supervisory methods.
Employers are encouraged to review this new resource document and seek legal advice before denying an employee’s request for accommodation or taking adverse action against an employee who has sought or is seeking an accommodation. Tristan & Cervantes has extensive experience in employment law and has advised clients regarding employment related issues. If you have any questions on this new guide or on any other employment related matters, please contact our office via email at info@tristanlegal.com or call us at (312) 345-9200.
