Counsel's Corner

Psychiatric Disability in the Workplace

By Arcolina Panto, Staff Attorney

While most people know that the Americans with Disabilities Act (ADA) applies to physical disabilities, very few know about disability based on mental health. The ADA is designed to promote equality and access for employees with disabilities; it balances the needs of disabled individuals against the needs of the employer. These competing interests are known as reasonable accommodations for the employee, versus undue hardship on the employer.

As opposed to physical disability, mental disability is not easily perceived and could be referred to as invisible. People With Disabilities Foundation (PWDF) focuses on individuals who might otherwise be ignored because their disability is invisible to the naked eye. And, PWDF is well aware that many who suffer from mental health issues frequently attempt to hide their condition either as a result of the condition itself or for fear of retribution. Mental disability should never be a source of shame. And, accommodations may be very easy and inexpensive on the part of an employer.

One of the biggest problems people with psychiatric disabilities face is stigma associated with mental disorders. PWDF’s latest educational video, seminars, and workshops demonstrate that individuals with paranoid schizophrenia and bipolar disorder can be productive, successful employees with the proper accommodations in place.

Accommodations may take many forms. While the law places no obligation on people with mental disabilities to disclose their conditions, it may prove beneficial for an employee whose productivity is affected to discuss their mental health conditions with their employer.

Disclosure is a personal choice that each individual must make. As PWDF’s new educational video emphasizes, any one of us may become disabled at any time. Once an employee informs an employer of a mental disability, the employer must begin a good faith interactive process with the employee and negotiate towards a solution.

A study conducted by Cornell University in 2007 found that 28.8% of working-age individuals have a mental disability. This statistic is important because it reflects the fact that almost a third of the American work force struggles with mental disability.

PWFD wants to help everyone, including employees, employers, and service-providers, to become more aware of psychiatric disability and the ease with which accommodation can be achieved.

PWDF Profile

Who We Are

People With Disabilities Foundation is an operating
501(c)(3) nonprofit organization based in San Francisco, California, which focuses on the rights of the mentally disabled.

Services

Advocacy: PWDF advocates for Social Security claimant's disability benefits in eight Bay Area counties. We also provide services in disability rights, on issues regarding returning to work, and in ADA consultations, including areas of employment, health care, and education, among others. There is representation before all levels of federal court and U.S. Administrative Law Judges. No one is declined due to their inability to pay, and we offer a sliding scale for attorney's fees.

Education/Public Awareness: To help eliminate the stigma against people with mental disabilities in society, PWDF's educational program produces educational materials such as training videos, organizes workshops and public seminars, and provides guest speakers with backgrounds in mental health.

Continuing Education Provider: State Bar of California MCLE, California Board of Behavioral Sciences Continuing Education, and Commission of Rehabilitation Counselor Certification.