Under the Americans with Disabilities Act (ADA), an employer must “make reasonable accommodation to the known physical or mental limitations of an otherwise qualified applicant or employee with a disability, unless the employer can demonstrate that the accommodation would impose an undue hardship on the operation of its business.”
Some physical limitations are readily apparent, such as deafness, spinal injuries or visual impairments. However, psychiatric and mental impairments are the second most common conditions involved with ADA claims. These include depression, psychological problems, anxiety, bipolar disorders and post-traumatic stress disorder, among others. These illnesses may remain hidden or unknown in the workplace until some significant event or conduct. At that point, what does the ADA require in terms of reasonable accommodation?
The Good Faith Interactive Process Under the ADA
To determine whether an accommodation for the employee is necessary, and if so, what that accommodation might be, it is necessary for the employer and employee to engage in an interactive process.
This accommodation-seeking process must be initiated by the disabled employee. This is especially true where the disability, resulting limitations and necessary reasonable accommodations are not open, obvious and apparent to the employer. Then the employee must first provide relevant details of his or her disability and, if not obvious, the reason that his or her disability requires an accommodation.
Once the employer is made aware of the legitimate need for an accommodation, the employer must “make a reasonable effort” to determine the appropriate accommodation. This means that the employer should first analyze the relevant job and the specific limitations imposed by the disability and then, in consultation with the individual, identify potential effective accommodations.
According to relevant ADA case law, this division of responsibility is only logical, as an employee will typically have better access to information concerning his or her limitations and abilities, whereas an employer will typically have better access to information regarding possible alternative duties or positions available to the disabled employee.
This balance between employee and employer continues during the determination if there is a suitable accommodation of an employee with a mental disability. Reasonable accommodation may include job restructuring, reassignment to a vacant position, or a part-time or modified work schedule.
However, although restructuring is one of the possible accommodations under the ADA, an employer is not required to reallocate the essential functions of a job. Additionally, an accommodation that would cause other employees “to work harder, longer, or be deprived of opportunities” is not mandated under the ADA. Finally, the ADA does not require an employer to eliminate an essential function of a job to accommodate an employee’s disability.
Under Missouri law, in determining whether an accommodation is reasonable, factors to be considered include, but are not limited to: (1) the nature and cost of the accommodation needed; (2) the size and nature of a business, including the number and type of facilities and the structure and composition of the workforce; and (3) the good faith efforts previously made to accommodate similar disabilities.
Case Law Examples
Issues involving reasonable accommodation of a mental disability have reached varying results in federal courts. In one instance, the court found that the employee failed to establish an ADA discrimination claim because she failed to provide adequate notice of her bipolar condition. While the employee provided doctor’s notes about her work absences, these documents did not mention her bipolar condition. In another case, a federal court ruled that an employee was entitled to a jury trial on her ADA claim, where she requested a modified work schedule for her diagnosis of depression and the employer’s response was to place the employee on a performance improvement plan instead of engaging in the interactive process.
Thus, it is important for both the disabled employee and the employer to engage in the good faith interactive process on the complex topic of reasonable accommodation of a mental or psychiatric disability.
Under the Americans with Disabilities Act (ADA), an employer must “make reasonable accommodation to the known physical or mental limitations of an otherwise qualified applicant or employee with a disability, unless the employer can demonstrate that the accommodation would impose an undue hardship on the operation of its business.”
Some physical limitations are readily apparent, such as deafness, spinal injuries or visual impairments. However, psychiatric and mental impairments are the second most common conditions involved with ADA claims. These include depression, psychological problems, anxiety, bipolar disorders and post-traumatic stress disorder, among others. These illnesses may remain hidden or unknown in the workplace until some significant event or conduct. At that point, what does the ADA require in terms of reasonable accommodation?
The Good Faith Interactive Process Under the ADA
To determine whether an accommodation for the employee is necessary, and if so, what that accommodation might be, it is necessary for the employer and employee to engage in an interactive process.
This accommodation-seeking process must be initiated by the disabled employee. This is especially true where the disability, resulting limitations and necessary reasonable accommodations are not open, obvious and apparent to the employer. Then the employee must first provide relevant details of his or her disability and, if not obvious, the reason that his or her disability requires an accommodation.
Once the employer is made aware of the legitimate need for an accommodation, the employer must “make a reasonable effort” to determine the appropriate accommodation. This means that the employer should first analyze the relevant job and the specific limitations imposed by the disability and then, in consultation with the individual, identify potential effective accommodations.
According to relevant ADA case law, this division of responsibility is only logical, as an employee will typically have better access to information concerning his or her limitations and abilities, whereas an employer will typically have better access to information regarding possible alternative duties or positions available to the disabled employee.
This balance between employee and employer continues during the determination if there is a suitable accommodation of an employee with a mental disability. Reasonable accommodation may include job restructuring, reassignment to a vacant position, or a part-time or modified work schedule.
However, although restructuring is one of the possible accommodations under the ADA, an employer is not required to reallocate the essential functions of a job. Additionally, an accommodation that would cause other employees “to work harder, longer, or be deprived of opportunities” is not mandated under the ADA. Finally, the ADA does not require an employer to eliminate an essential function of a job to accommodate an employee’s disability.
Under Missouri law, in determining whether an accommodation is reasonable, factors to be considered include, but are not limited to: (1) the nature and cost of the accommodation needed; (2) the size and nature of a business, including the number and type of facilities and the structure and composition of the workforce; and (3) the good faith efforts previously made to accommodate similar disabilities.
Case Law Examples
Issues involving reasonable accommodation of a mental disability have reached varying results in federal courts. In one instance, the court found that the employee failed to establish an ADA discrimination claim because she failed to provide adequate notice of her bipolar condition. While the employee provided doctor’s notes about her work absences, these documents did not mention her bipolar condition. In another case, a federal court ruled that an employee was entitled to a jury trial on her ADA claim, where she requested a modified work schedule for her diagnosis of depression and the employer’s response was to place the employee on a performance improvement plan instead of engaging in the interactive process.
Thus, it is important for both the disabled employee and the employer to engage in the good faith interactive process on the complex topic of reasonable accommodation of a mental or psychiatric disability.