Because of a surprisingly large number of claims brought against employers by employees with mental impairments, the Equal Employment Opportunity Commission has developed “Guidance” which is intended to instruct employers on how to handle individuals with mental disorders.  Unfortunately, the position taken in the Guidance creates some sticky issues for employers.  For example, under the Guidance, an individual’s ability to concentrate or interact with others is considered a “major life activity.” 

If an employee develops an inability to concentrate or interact with others as a result of a mental disorder such as severe depression, that employee may be protected from discipline or dismissal under the ADA.  In this event it may become the employer’s responsibility to provide “reasonable accommodation” such as honoring a request for a modified work schedule, providing a change in supervisory style, or allowing for the use of individual office space.

The Guidance provides examples of an employer’s responsibility to provide accommodation.  Diane E. Stanton cites one of them in The PEO Insider:  A warehouse employee who had no contact with customers, and only limited contact with other employees became increasingly discourteous and unkempt.  But because the change in his appearance and behavior was due to a psychiatric disability, and because his work had not deteriorated, he was protected from discipline by the ADA. The first step in dealing with a mentally impaired employee is obtaining and reviewing appropriate medical documentation of the employee’s condition.  Experts in our Human Resource Department are available to answer your questions and assist you with this process.  With the necessary medical information available, an employer can proceed with a plan to deal appropriately with undesirable behavior.

An Employer's Responsibilities:

“[If an] employee has a mental impairment, the employer is entitled to document the conduct, verify the disorder, and work toward a reasonable accommodation that will enable the employee to perform the essential functions of the job.” -Diane E. Stanton

Source:    The PEO Insider