Counsel's Corner

The Americans with Disabilities Act of 1990[2] (ADA) provides protections for disabled persons in the workplace. Among other issues, the ADA addresses the reasonable accommodations required in retaining and hiring disabled workers. Mental disabilities can be invisible. However, once they are known to an employer, employees with psychiatric disabilities may be entitled to "reasonable accommodation(s)" under the ADA.

Realities regarding psychiatric disabilities have often given rise to confusion, fear, and avoidance. The stigma and even shame associated with persistent mental illness has yet to be overcome in the U.S. It would be a mistake to allow such emotional responses to obscure a hard fact: more and more complaints by employees with mental disabilities are being filed with the EEOC. The VR professional should be knowledgeable about the rights and responsibilities relative to employees with psychiatric disabilities.

The ADA defines a "qualified individual with a disability" as "an individual with a disability who, with or without reasonable accommodation(s), can perform the essential functions of the employment position…"

People With Disabilities Foundation has produced a training video, "Accommodating Employees with Psychiatric Disabilities in the Workplace." The training video presents the basic medical and legal issues pertinent to the vocational rehabilitation process through narrative discussion and scenarios. Employees and job applicants are never under an obligation to disclose a mental disability. However, should an employee request some sort of "reasonable accommodation", such as regular time off to meet with a counselor or a quiet work space, then the employer has the right to inquire into the medical basis for the accommodation requested. The employer, however, has a duty of confidentiality with regard to an employee’s disclosed psychiatric condition. Generally, this duty is very restrictive so that psychiatric records must be kept separately from all other personnel files.

The video discusses what kind of accommodations that may be requested in such common disorders as depression, anxiety, chemical dependency and manic depression. Is an employer required to authorize an extra half hour on a bus route to accommodate an obsessive-compulsive driver's fear of making left turns? Must a small business with a bustling workplace provide separate or quiet workspace to prevent an employee's outbreak into a manic-depressive episode?

In many instances, reasonable accommodations are easily provided with minimal or no cost to the employer.

For more information, see PWDF's video.

[2] Title I of the American with Disabilities Act, Public Law 101-336.

PWDF Profile

Who We Are

People With Disabilities Foundation is a 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 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 organizes workshops and public seminars, provides guest speakers with backgrounds in mental health, and produces educational materials such as videos.

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