How to Handle an Employee’s Mental Health Matter

In recent years, employers have experienced the impact of mental health on their businesses. It’s important that businesses take a proactive role in not only creating supportive work environments, but also ensuring that they meet certain obligations when it comes to employees suffering from mental health conditions.  

Employers must first acknowledge that mental health is just as important as physical health, and poor mental health can lead to reduced productivity and high turnover rates. Mental health conditions, such as anxiety, depression, post-traumatic stress disorder (PTSD), or other mental health conditions, may qualify as protected disabilities under the Americans with Disabilities Act (“ADA”).

Understanding Employer Obligations Under the ADA

Under the ADA, an employer with 15 or more employees is prohibited from discriminating against employees because of a physical or mental disability. A mental disability includes any mental or psychological disorder, such as intellectual disability, organic brain syndrome, emotional or mental illness, or any specific learning disabilities, that substantially limits one or more major life activities .

Identifying Mental Health Conditions

When encountering an employee who may have a mental health condition, an employer should not require the employee to disclose the mental health condition or ask any medical questions, unless the circumstance meets one of these four exceptions:

1. the employee asks for a reasonable accommodation;
2. after a job offer has been made but before employment begins, all the employees entering the job category are asked the same questions;
3. when engaging in affirmative action for people with disabilities; or
4. if there is objective evidence that the employee is unable to do his or her job or poses a safety risk because of a condition .

Employers should also not rely on any myths or stereotypes about an employee’s mental health condition when making employment decisions . Instead, employers should respect the employee’s privacy, ensure confidentiality, and make the employee feel comfortable with discussing their mental health condition without fear of stigma or retaliation.

Reasonable Accommodations for Mental Health Conditions

If an employee requests a reasonable accommodation, or puts an employer on notice because of a mental health condition, begin an interactive process (conversation) with the employee to identify if a reasonable accommodation would be appropriate.

A reasonable accommodation for a mental health disability under California law involves modifications or adjustments to the workplace that include job restructuring, part-time modified work schedules, reassignment to a vacant position, or any other similar accommodations . Other examples may include: change in management style, simple physical changes to the workplace, attending meetings virtually, additional reminders for tasks and due dates, or the creation of quieter working environments. However, employers are not required to make accommodations that would impose an undue hardship on their operation. An undue hardship is an action requiring a significant difficulty or expense when considering factors such as the nature and cost of the accommodation, the overall financial resources, and the impact on the operation .

The Role of Management in Mental Health Matters

In the workplace, management should also play a critical role in recognizing signs of mental distress (stress, burnout, or anxiety) and creating a mental health-friendly work environment to avoid potential costs of violations. Furthermore, managers should regularly check in with their employees to ensure that they feel supported and valued, especially if their employees have disclosed that they are experiencing mental illnesses. Additionally, creating a culture that respects vacation time and personal days can also help employees prevent mental health issues from developing or worsening.

The way that an employer handles mental health conditions will vary, but knowing how to handle the situation properly, offering support, providing accommodations, and making employees feel safe and valued, will go a long away and prevent future problems from occurring.

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