Discussing one’s mental health has become more common and honest. This is quite a change given the prior stigma about discussing one’s personal mental health. Federal law has also expanded to require employers to make accommodations in the workplace for employees with a mental health disability. This article will discuss the surfacing of mental health awareness, as well as how employers can engage employees and confront the challenges they may face in the workforce regarding an employee’s mental health.
Reducing the Stigma Generation by Generation
Every generation dealt with mental health in various ways. Baby boomers, born between 1946 and 1954, may be the most skeptical towards mental health support since they grew up with a “figure it out yourself” attitude. Generation X, born between 1965 and 1980 (Gen X), still holds a stigma towards mental health because they grew up with the “toughen up” attitude. However, Gen X also saw the rise of the “self-care” ideology in the 1960’s and is open to receiving mental health support. Millennials also place an emphasis on self-care, which is prioritizing their well-being before they can carry out other tasks.
Generation Z, known as “Zoomers,” born between 1981 and 1996, grew up with technology and social media, allowing them to have more online resources and be the most open generation to discuss and manage their mental health.
The Americans with Disabilities Act
The Americans with Disabilities Act (ADA) prohibits employers from discriminating against employees with disabilities, and this includes individuals with mental illnesses. Under the ADA, a mental illness is defined as an impairment that “substantially limits” at least one major life activity. Reasonable accommodations may be provided to an employee with a mental illness. If the requested accommodation is unreasonable and presents an undue burden on the employer, alternative accommodation may be considered. The Equal Employment Opportunity Commission (EEOC) has published several guidelines that set the standard for how the ADA is to be followed by employers.
Engaging With Employees
Once an employer is notified that an employee has a mental health disability, it is generally the responsibility of the employee to request reasonable accommodation. However, there are situations where an employer may be the one required to reach out and engage an employee in discourse about a reasonable accommodation, also referred to as the “reasonable accommodation interactive process.” This process needs to be initiated by the employer when there are three conditions present: (1) the employer has notice of the employee’s mental health issue, (2) knows, or has a reason to know, that the employee is experiencing problems within the workplace because of their disability, and (3) knows that such disability may be what is preventing the employee from requesting the reasonable accommodation themselves.
The notice of the mental illness may be as simple as the employer knowing that the employee has been diagnosed with some mental condition; the specific condition does not have to be disclosed. Coupled with the notice of the mental illness, the employer must also have some indication that the employee’s mental illness has impeded their ability to perform “the essential functions of their job.” Certain mental disabilities, such as depression or anxiety, sometimes prevent an employee from requesting accommodation.
When the employer’s HR staff reasonably believes that the employee may need an accommodation, the employer can initiate the discussion without waiting for the disabled employee to ask for one. Whether the employer has been made aware of the employee’s need for an accommodation through notice of medical documentation, personal observation or through the observation of supervisors and managers, the employer has an obligation to engage in the interactive process.
Maintaining Performance Standards
After being disciplined or having received a negative performance review, employees may disclose that the reason for their poor performance was related to their suffering from a mental illness. Employers are placed in a complex situation where they must navigate their next steps carefully.
Managers are allowed to evaluate employees with a mental disability at the same qualitative or quantitative production standard they would evaluate a non-disabled employee. Employers are not expected to lower their performance standard because that is not considered a reasonable accommodation. If an employee receives a low performance evaluation and responds by stating their poor performance was due to their mental health disability, employers are under no obligation to change their rating. The rating reflects the employee’s performance, independent of any role disability might have played. Even if the employee asks for a mental health accommodation in response to a poor performance review, employers may still proceed with their evaluation, while also initiating the interactive process.
Enforcing Conduct Standards
When an employee with a mental health disability displays an outburst or engages in prohibited conduct, employers are often unsure of how they should proceed with corrective action. If the employee’s mental health disability did not cause the misconduct, then an employer can hold that individual to the same standard they would hold other employees to. In this case, the employee’s mental health disability is not relevant to the conduct violation.
Even if the mental health disability is what caused the employee to violate the rules of conduct, employers may still discipline the employee so long as the rules are job-related and consistent with business necessity. Mental health disabilities that result in behavior that is incompatible with performing the essential functions of the job or that unduly burdens coworkers can be grounds for corrective measures. If other employees with no mental health disability will be held to the same standard, so too will employees with disabilities.
If the employee discloses their mental health disability or makes a request for an accommodation for the first time in response to being disciplined for their misconduct, the employer may continue disciplining the employee for their behavior. However, the EEOC encourages employers to engage in the interactive process after a request for an accommodation has been made or a mental disability has been disclosed. This may include the employer inquiring about how the employee’s mental health disability affects their behavior and whether the employee believes an accommodation can prevent this behavior in the future. It is important to note that determining the appropriate course of conduct is fact-sensitive and proper evaluation depends on the exact circumstances of the situation.
Takeaway
The landscape of mental health in the workplace has evolved significantly, emphasizing the importance of understanding and supporting employees with mental illnesses. Employers are obligated to provide reasonable accommodations under the ADA, yet navigating the extent of engagement with affected employees remains complex. Employers must balance maintaining performance and conduct standards with the necessity of supporting mental health through the interactive process.