Mental Disability Guidance Published by the EEOC

Washington DC –  On December 12, 2016, the U.S. Equal Employment Opportunity Commission (EEOC) issued guidance on the legal rights of employees with mental health disabilities – and employers need to review this guidance.  To recap, the Americans with Disabilities Act (ADA), is applicable to employers with 15 or more employees, and prohibits employment discrimination against qualified individuals with disabilities (including those with mental impairments) in all aspects of employment, including application procedures, hiring, firing and training.   Employers are required to to provide reasonable accommodation (a change in the way things are normally done) to qualified individuals with disabilities—including mental disabilities—unless to do so would cause undue hardship to the company.  Employers and employees are expected to engage in interactive dialogue about the type of accommodations that are available.

What guidance does the EEOC offer to employees and applicants?

  • Employees with depression, post-traumatic stress disorder (PTSD) or another mental health condition, are protected.
  • An employer may only ask mental health related medical questions under limited circumstances: (1) when employee asks for reasonable accommodation; (2) After it has made an employee a job offer, but before employment begins, as long as everyone entering the same job category is asked the same questions (such as a post offer medical questionnaire); (3) when it is engaging in affirmative action for people with disabilities; and (4) when there is objective evidence that the employee is unable to perform his/her job or the employee poses a safety risk because of their condition.

What if a mental condition affects job performance?  According to the EEOC Guidance, employees are entitled to ask for many types of accommodations.  Examples of possible accommodations include altered break and work schedules (e.g., scheduling work around therapy appointments), quiet office space or devices that create a quiet work environment, changes in supervisory methods (e.g., written instructions from a supervisor who usually does not provide them), specific shift assignments and permission to work from home.

Read the Guidance.

Consultstu LLC provides fractional HR services to small/mid businesses to lower operational costs, improve business processes and comply with workplace regulations.  We deliver customized HR solutions that provide protection from expensive mistakes and strategies to improve workplace results. Call us at 727-350-0370 or visit http://www.consultstu.com

HR Categories
1095C form300 Log401(k)8(a)(1)AccommodationAffordable Care ActAmericans with Disabilities ActARPAAuditsBackground screeningBilingualBonusesBusiness ExpensesCannabidiol (CBD)CDCCDLCFPBChild laborCHIP NoticeChristmas partyClearinghouseCOBRACommercial Motor Vehicle DriverCompany CultureCompensationConcerted ActivityCONNECTConstructionconsultstuContagious diseaseCoronavirusCraft BeerDepartment of LaborDisabilitiesDiscriminationDOTDownsizing and RestructuringDress CodeDriversDrug and AlcoholDrug Free WorkplaceE-VerifyEEO-1 FormEEOCEmployee benefitsEmployee HandbookEmployee IllnessEmployee InjuryEmployee MisconductEmployee PoliciesEmployee RecognitionEmployee RightsEmployment PosterERISAEssential functionsExecutive OrderExempt EmployeeExit InterviewFair Credit Reporting ActFair Labor Standards ActFall ProtectionFederal ContractorsFFCRAFinancial Well-beingFitness for DutyFlorida rulesFluencyFMCSAFMLAForm 5500Form W-4Fractional HRGender Non-conformityGeneral HR QuestionsGoal SettingGroup Health InsuranceHarassmentHiringHolidaysHR ComplianceHR CostsHR ResourcesHR softwareHuman ResourcesHuman TraffickingI9 FormImmigrationIndependent ContractorIndividualized AssessmentInjury StatisticsInsuranceInvestigationsIRSJob DescriptionJob PostJoint EmployerLeave of AbsenceLeaving a PEOManagerMedical ExamsMedical MarijuanaMinimum WageMoraleNational OriginNew HireNLRBNo-match letterOnboardingOpioidsOSHAOutplacementOvertimePaid LeavePay CardsPay or PlayPaycheck Protection ProgramPayrollPayroll Protection ProgramPerformance Improvement PlanPerformance ReviewPersonnel FilePost offer medical questionnairePostersPregnancyReasonable AccomodationRecall LetterRecord KeepingRecruitingReligionRestaurantsResumeRetaliationRetentionRetirementRewardsRisk ManagementSafetySalaried employeesSBASection 7 RightsSelf AppraisalSick LeaveSMART goalsSocial MediaSocial Security cardStart upTaxesTemporary EmployeeTerminationTipped EmployeesTitle VIITPD BenefitsTrainingUnemploymentUniformsUSCISVaccinesW2W4Wage and HourWellness programWork from HomeWorkers CompensationWorkplace MonitoringWrap Plans
Show All Categories
Show Less Categories
Archives
Need on-going HR support?
We have affordable HR retainers that offer a unique alternative to full HR outsourcing or the hiring of a full time HR employee. We design unique solutions to match your business strategy and budget. We have a proven track record of helping companies from many industries. We listen and probe to understand your needs and goals, before we offer recommendations and realistic solutions.
Contact Us Now