
Recently, the Equal Opportunity Commission (EEOC) issued two new
publications relating to mental health conditions under the ADA. The
publications are set up in a question and answer format. The first publication
is aimed at employees and is titled “Depression, PTSD, & Other Mental Health
Conditions in the Workplace: Your Legal Rights.” While aimed at employees,
employers will find the publication helpful as a general overview of the ADA issues
involved. In addition, employers may
find the publication to be a helpful tool when needing to talk with employees
about potential accommodation issues.
The second EEOC publication is aimed at mental health providers and is
titled “The Mental Health Provider’s Role in a Client’s Request for a
Reasonable Accommodation at Work.” This new publication could be very helpful
for employers as they engage in the interactive accommodation process required by
the ADA to address an employee’s accommodation request. As part of that
process, the employer needs to understand how the disability at issue affects
the employee’s ability to do the job. Because understanding the employee’s
limitations in the mental health context can be difficult, employers often need
to seek input from the employee’s mental health provider. To make this
information gathering process effective, it is critical that mental health
providers understand their role in assisting with the interactive process.
Employers might consider providing this publication to an employee’s mental
health provider at the beginning of the interactive process.
The two publications can be found online at the following links:
https://www.eeoc.gov/eeoc/publications/mental_health.cfm
https://www.eeoc.gov/eeoc/publications/ada_mental_health_provider.cfm
https://www.eeoc.gov/eeoc/publications/mental_health.cfm
https://www.eeoc.gov/eeoc/publications/ada_mental_health_provider.cfm
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