by Under the Americans with Disabilities Act (ADA) and many state laws, employers must provide reasonable accommodations for qualified employees with disabilities, including employees with mental health conditions that are considered disabilities. Reasonable accommodations are work-related adjustments that support the ability of employees to perform the essential functions of their jobs. Many employers struggle with developing accommodation ideas for employees with mental health conditions. In recognition of reported challenges, the U.S. Department of Labor (DOL) has recently updated its information on ways to accommodate employees with mental health conditions. https://www.dol.gov/agencies/odep/program-areas/mental-health/maximizing-productivity-accommodations-for-employees-with-psychiatric-disabilities.
The individualized interactive accommodation process used to develop and implement ideas for effective accommodations involves input of both the employee and the employer. Both are expected to come to the table with ideas to address identified obstacles. The list of ideas offered by the DOL’s Office of Disability Employment Policy are examples that can provide a starting point for employers in assessing accommodation options. The suggestions include:
- Telecommuting
- Scheduling options such as part-time work or changes to daily schedules
- Paid or unpaid leave for treatment or recovery
- Individualized break schedules
- Policy exceptions for permitting food or beverages at workstations
- Reductions or removal of work area distractions
- Workspace lighting changes
- Adjustments to software to minimize computerized distractions
- Modification or removal of non-essential job duties
- Additional training
The DOL also offers free individualized accommodation solutions through its Job Accommodation Network. https://askjan.org. In assessing leave options, employers should remember that employees may have the right to take job-protected leave under laws other than the ADA. For information on how the Family and Medical Leave Act can provide eligible employees with leave options, see https://www.dol.gov/agencies/whd/fmla/mental-health.
Other employer resources in developing effective accommodations for employees with mental health conditions:
The Center for Psychiatric Rehabilitation: https://cpr.bu.edu/resources-and-information/reasonable-accommodations/
The Equal Employment Opportunity Commission’s Enforcement Guidance: https://www.eeoc.gov/laws/guidance/enforcement-guidance-ada-and-psychiatric-disabilities
