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Addressing one?s mental health concerns regarding employment can be a daunting and intimidating process.? Living with a mental illness requires courage and an unwavering commitment if one is to accept the ups and downs of daily life.? It is important for those of us with mental illness to understand our rights in the workplace so that we can be afforded certain legal provisions while also being honest and respectable employees.
As an employee you have a responsibility to be a productive worker. ?When you are experiencing a mental disability, you may also have the right to accommodation under certain circumstances. ?By approaching your conversation with the employer as a way to find the balance between your responsibilities and your rights, you can work together to find a solution that strikes the right balance.
The legal rights of an employee with a mental health disorder are identified in the Americans with Disabilities Act of 1990:
The ADA ?prohibits discrimination against people with disabilities in employment; state and local government activities; public accommodations; public transportation; telecommunications; and public services.? The definition of disability in the ADA includes people with mental illness who meet one of these three definitions:? (1) a physical or mental impairment that substantially limits one or more major life activities of an individual; (2) a record of such an impairment; or (3) being regarded as having such an impairment.? A mental impairment is defined by the ADA as ?any mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities.???(NAMI.org)
To offer ADA protection, an employer must be aware of the disability.? According to the ADA, employers are obligated to make reasonable accommodation only if they are aware of a person?s disability. ?Thus, employers do not have to accommodate disabilities that they are unaware of. ?If an employee with a known disability is having difficulty performing his or her job, an employer may inquire whether the employee is in need of a reasonable accommodation. ?In addition, if employers have reasons to believe that an employee has a disability, they may be obligated to discuss reasonable accommodation. ?In general, however, it is the responsibility of the individual with the disability to inform the employer that an accommodation is needed.
The ADA requires employers to provide ?reasonable accommodations? for qualified individuals with disabilities.? Examples of reasonable accommodations for people with severe mental illnesses included providing self-paced workloads and flexible hours, modifying job responsibilities, allowing leave (paid or unpaid) during periods of hospitalization or incapacity, assigning a supportive and understanding supervisor, modifying work hours to allow people to attend appointments with their psychiatrists, providing easy access to supervision and support in the workplace, and providing frequent guidance and feedback about job performance.
There are two exceptions to an employer providing reasonable accommodations to an employee under the ADA.? First, an employer is not required to provide an accommodation if it will impose an ?undue hardship? on the operation of his/her business, such as accommodations that are excessively costly, extensive, substantial, or disruptive, or would fundamentally alter the nature or operation of the business.
Second, an employer may refuse to employ or provide accommodations to an individual who poses a ?direct threat? to the health or safety of him/herself or other employees in the workplace. ?The determination that an individual poses a direct threat to self or others cannot be made simply based on stereotypical generalizations about mental illness; instead, they must be based only on objective evidence from a treatment provider or another credible source that the individual?s present condition makes him or her a direct threat to self or others.?(NAMI.org)
Employers often state that they are so afraid of saying or doing the wrong thing that they do nothing at all when they see an employee struggling. ?In these cases, the managers may be concerned about invading your privacy, violating your human rights, or making things worse for you.
You can help this situation by opening up the conversation and being focused on the solutions or accommodations that can help you do well at work.? Sometimes employers misunderstand what they see and assume the employee has a bad attitude or is intentionally being difficult. ?In these cases they may feel that discipline is necessary because they have no other explanation as to the employee?s behavior. ?Help your employer to understand what behavior is part of your illness, what could be changed in the workplace to help you manage better, and what you are willing to do to improve the situation.
Making the workplace a friendlier environment for those of us with mental health issues benefits the employee, his or her employer, and society as a whole.? Let?s hope the trend towards greater understanding of mental health issues in the workplace continues well into the 21st century.
Bibliography
NAMI.org. Americans with Disabilities Act. n.d. <http://www.nami.org/Template.cfm?Section=Helpline1&template=/ContentManagement/ContentDisplay.cfm&ContentID=47065>.
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