8 steps to managing ADA accommodation requests related to mental health

When people think of common medical issues, they tend to think of physical diseases like cancer or heart disease. But with about 20% of US adults experiencing some degree of mental illness each year, managing mental illness in the workplace is a priority for HR and business leaders.

Mental health conditions may be protected disabilities under the Americans with Disabilities Act (ADA), which require covered employers to provide reasonable accommodations to employees and applicants with known mental or physical limitations. But many employers find it more challenging to manage mental impairments than physical impairments.

Employers can confidently manage accommodations for both mental and physical conditions, as the obligations and process are the same. When navigating a request for accommodation involving a mental health condition, employers should keep the following steps in mind.

Step 1: Increase awareness about mental health conditions

Increasing an employer’s understanding and awareness of mental health issues is an important first step to overcoming accommodation challenges in the workplace. Prioritizing mental health in the workplace not only complies with legal obligations but also enhances the overall work environment. It can lead to improved employee well-being, increased productivity, enhanced collaboration and reduced absenteeism.

Common mental health impairments include:

Step 2: Determine if the ADA or other law applies

Employers of every size should understand the disability and accommodation laws with which they must comply regarding employees and applicants. The ADA and the Pregnant Workers Fairness Act (PWFA) each have different applicability requirements for employers with 15 or more employees. However, smaller employers may be covered by state and/or local laws that have lower coverage thresholds, different definitions of “disability,” and different accommodation obligations.

Step 3: Focus on meeting accommodation obligations over extensive analysis

For an employee’s physical or mental impairment to rise to the level of an ADA-protected disability, the impairment must substantially limit one or more major life activities, the employee must have a record of having such an impairment or be regarded as having such an impairment.

There are nine “rules of construction” to help determine if an individual is substantially limited in performing a major life activity, but the US Equal Employment Opportunity Commission (EEOC) wants employers to focus on meeting their obligations (e.g., to accommodate) rather than on whether an employee is disabled within the meaning of the law.

Step 4: Know when to approach an employee who has not asked for accommodation

An employer may not know how to approach an employee who has a known mental illness and is struggling in their job performance but has not asked for an accommodation.

Generally, if an employee with a disability needs an accommodation, they (or their representative) must advise their employer that they need a change at work for a reason related to a medical condition.

However, EEOC enforcement guidance provides that an employer should initiate the interactive process if it knows (or has reason to know) that an employee has a disability, is experiencing workplace problems because of it, and that the disability prevents the employee from requesting a reasonable accommodation. Otherwise, an employer may only broadly inquire whether an employee needs something to help them perform their job.

Step 5: Begin the interactive process

When the need for accommodation arises, an employer should promptly engage in the interactive process to reach a mutually satisfactory decision about the reasonable accommodation to be provided. The ADA does not dictate the specifics of this process, so employers have room to determine their own best practices.

Step 6: Evaluate possible accommodations

A reasonable accommodation is an adjustment to a job or work environment that enables an individual with a disability to equally compete in the workplace and perform the essential duties of their position. Understanding an employee’s essential job functions is an important part of this individualized process.

If it is unclear why an accommodation is needed or how a requested accommodation benefits or assists an employee with a disability, an employer may ask for clarification via supporting documentation (e.g., from a psychiatrist, psychologist or other licensed mental health professional).

The duty to accommodate does not end once the employer provides the employee with an accommodation. An employer should ensure, on an ongoing basis, that the employee’s accommodation continues to be effective and satisfactory to the employee.

Step 7: Maintain confidentiality

Any information about an employee’s mental health condition or reasonable accommodation request must be kept confidential, maintained in a file separate from other personnel documents, and restricted to those with a genuine need to know, such as designated HR personnel charged with administering the interactive process. The ADA specifically prohibits the disclosure of medical information except in certain limited situations, which do not include disclosure to coworkers.

Step 8: Train supervisors

HR professionals, managers, supervisors and any other individuals who may be involved in the reasonable accommodation process should receive proper training on ADA requirements and company policies and procedures. Supervisors should also be trained to recognize common symptoms of mental health issues and to promote a workplace culture that encourages employees to share their concerns and accommodation needs.

Conclusion

Not every employee with a mental impairment will need or want an accommodation to do their job. But employers need to be prepared for reasonable accommodation requests from employees due to mental health issues.

Even absent a legal obligation under the ADA or other law, an employer is always free to simply ask how it can help an employee facing work challenges due to a medical condition and to provide that help. Providing reasonable accommodations to employees with mental disabilities will help an employer retain valued employees and increase employee commitment and loyalty.