The intent of this publication is to assist employees with psychiatric disabilities and their management in creating reasonable accommodations. Reasonable accommodations can increase productivity, improve communications, as well as the betterment of the overall working environment. Throughout this publication it may appear that the aim is more towards the needs of the employee then the needs of management. Trust that this is not intended to be a slight. It must be recognized that in the broad scheme of the working environment, staff attorneys, human resource experts, and/or risk management specialists very well represent management. Except in a very strong union environment, the individual employee is left to his/her own means to resolve problems, or if necessary, bring discrimination charges against an employer.
This publication will help management gain a better understanding of the rights of the disabled and the types of disabilities. Management may confront employees with psychiatric disabilities because the employees with psychiatric disabilities are simply not "liked." Always keep in mind the investment the organization has put into the training of any of its employees. Also remember that a psychological diagnosis is frightening but by taking the time to read this publication, the manager/supervisor can gain a better understanding of it. Management does have rights and they are outlined in this publication. The disabled employee must always be able to perform the responsibilities of the assigned job. This will always be the bottom line from the beginning of this publication to the end.
The disabled employee should be allowed the opportunity to acquire sufficient knowledge of just what rights they do have. They should be in the type of work environment where there can be two-way communication with the immediate supervisor. The first step always is to tell an employer about the handicap. In the case of psychiatric illness, this is extremely difficult because of the stigma associated with it. Part I of this publication briefly explains some types of psychological disorders based upon the Diagnostic and Statistical Manual of Mental Disorders, Fourth Edition. (DSM IV) which is widely used by psychological professionals. Part II explains the Americans With Disabilities Act (ADA) and Part III are methods to utilize in creating the reasonable accommodations required by the ADA.
Part I - Psychological Disabilities
A. Hiring Process:
Post traumatic Stress Disorders, Adjustment Disorders, Depression, Learning Disorders, Obsessive-Compulsive Disorders, Bi-Polar Disorders, and Anxiety Disorders. These are certainly not all the titles issued to psychiatric handicaps but are among those where the disabled individual can be considered as able to work. The supervisor must understand that it is never his/her place to diagnosis problems that employees are experiencing. It is up to the employee to provide the employer with the diagnosis. Without this diagnosis, the employee is to be treated the same as any other employee and subject to the same types of disciplinary actions.
Some psychiatric disorders are more difficult to "cure" than others. The employer should request a medical clearance from the attending professional as to whether the employee is considered to be functional in the position for which applied or hired. The medical clearance form should be reviewed by legal or human resource professionals as to concept and wording to respect the disabled person's privacy. A suggestion would be to limit the form to a position description along with a checklist of questions as to whether the applicant/employee can or cannot, in the opinion of the professional, perform the duties required. A comments section could be included but shown as an option for the professional to complete. If the hiring authority does not intend on hiring or retaining the applicant/employee, for reasons other then the disability, then this should be made clear prior to and instead of invading anyone's right to privacy. If the reason is because of the disability, then the hiring authority should review Part II of this publication and give serious consideration to providing the form prior to making a final decision on hiring or proceeding with a disciplinary action against an existing employee.
Another consideration for the employer regards the application for employment. Many ask for disabilities and it is the responsibility of the applicant to answer honestly. This honesty should be respected and considered as a plus for employment. If an applicant does not answer honestly, is hired, and the employee comes forth and states that he/she had the disability prior to hiring, relevant organizational policies regarding the completion of the employment application will take effect. Absolutely avoid disability questions in the interview.
B. Hired Employees:
The organization should keep in mind, especially with tenured employees, that this type of disability can occur after hiring. It is up to the employee to make the organization aware of the disability if it is known. If it is not known or unrecognizable by the employee, the supervisor can suggest that the employee go see the organization's employee assistance office.
In many cases, especially with Bi-Polar Disorder, the individual may not be aware that they have a disability. Many of these disorders can manifest themselves in a decline in performance. An organization should never forget the investment they have in their employees. It takes many hours of training to get most employees to a point where they display competence in their job duties. It would be a shame to lose this employee when so much has been invested which is an underlying purpose of this publication.
The following subsection is a general rundown of some of the prevalent psychological disorders. Managers and supervisors can still do more to learn about these from organizational literature available from the American Mental Health Association or the associations created for specific disorders.
C. Types of Psychological Disorders:
Persons with Post traumatic Stress Disorder (PTSD). This condition was once referred to as shell shock or battle fatigue by the military and had been considered peculiar only to the military. It can be summed up as the condition that manifests itself after some type of terrifying event. It has been given a name (PTSD) and a realization that anyone can suffer from this disorder. It is not limited to combat veterans but also to women who have been raped or tortured, children who have been abused, or anyone who has experienced a car crash. What triggered the PTSD was something that threatened the person's life or the life of someone close to him or her and was the result of experiences which are beyond the realm of "normal human experiences." What an employer needs to understand is the results of having been diagnosed with PTSD.
Persons with PTSD experience what are called intrusive thoughts. This is the reliving of the event over and over in their mind. This can occur as nightmares or even during the day. The employee could experience periods of these intrusive thoughts on the job and appear to be inattentive or "spaced out." On an assembly line or other types of jobs that require constant attention, this could create a danger to the employee or other employees. Persons with PTSD can also experience periods of depression and anxiety which can be considered as mild to severe. The depression or anxiety can result in irritation, violent outbursts, or being considered "unsociable." If the event was caused by an explosion, gunfire, or something involving loud noises, a dropped object or other loud noise could cause the individual to react much the same as with the original event. This is called an "exaggerated startle response."
The other persistent symptom is called hypervigilance. Remembering that the other symptoms may create a situation where the supervisor is concerned about the work abilities of the employees, hypervigilance could result in the employee becoming even more agitated or irritable as he/she may now perceive that his/her job is in jeopardy. In Part III we will make suggestions as to how to attempt to handle this type of situation before it erupts.
Persons with Adjustment Disorder: This individual has symptoms of excessive distress and an impairment in social, occupational or educational functioning, which do not meet the criteria for any other types of disorders. It is debatable as to whether this individual can be employable because of the symptoms but if the "stressor" that caused the diagnosis was not related to the job itself, then performing some type of responsible work could be therapeutic rather then create a hazard. Once again, this should be directed by the psychological professional.
Persons Suffering from Depression: This disorder is new but not new. In other words, it has been around for a long time but has only recently been given the seriousness due it. This will be the condition seen most by employers as relates to psychological handicaps and the employee suffering from this is highly employable. Based upon the diagnosis, however, they may be among your so-called problem employees so require a lot of understanding and a thorough understanding of the disability. There are many publications out on this by many different organizations which should be accumulated by the employer's human resource department for distribution to supervisors of depression disabled employees. Depression is both medicadable and treatable.
Like PTSD, this malady used to go under more common names, such as feeling blue or down in the dumps. This illness is much more serious and is much more then just passing feelings of unhappiness everyone experiences. The person with depression can have a number of symptoms that appear every day, all day, for at least two weeks before this diagnosis can be given. These symptoms may include:
Persistent sad, anxious or "empty" feelings and periods of crying.
Loss of interest in things that were once enjoyable.
Decreased energy, fatigue.
Insomnia, early-morning waking.
Changes in appetite and weight.
Decreased ability to concentrate, remember or making decisions.
Feelings of guilt or hopelessness.
Recurrent thoughts of death (not just fear of dying), recurrent suicidal ideation without a specific plan, or a suicide attempt or a specific plan for committing suicide.
Both biological and social factors play a role in causing depression. Medical research has shown that depression is related to a chemical imbalance of the substances (called neurotransmitters) that transmit signals between nerve cells in the brain. Antidepressant medications help this imbalance. There are side-effects associated with many antidepressants and it is suggested that when a medical clearance form is developed, a check-box be included asking about the effects of any prescribed medication on job performance.
Persons with Attention-Deficit Disorder: The individual with this diagnosis may be employable but may be limited in the number of responsibilities associated with the position hired into. This diagnosis has little to do with intelligence. It can cover all IQ levels up to and including genius. Persons with this disorder have in some way compensated for this disability and would respond better to written instructions rather then verbal. The symptoms associated with Attention-Deficit Disorder are:
May not give close attention to details or makes careless mistakes in work assignments on a frequent basis.
May have difficulty sustaining attention to work tasks on a frequent basis.
May not seem to be listening when spoken to directly on a frequent basis.
May not follow through on instructions and fails to finish job duties on a frequent basis.
May have difficulty organizing tasks and activities on a frequent basis.
May lose things necessary to complete job tasks on a frequent basis.
May be easily distracted or forgetful in the performance of job tasks on a frequent basis.
It is extremely rare that this diagnosis would occur after hiring as it is usually diagnosed during childhood but it would not be rare for an applicant to try and cover it up. If so, then either job performance would be the criteria for retention or the applicable organization policy regarding the completion of job applications would take effect. However, if you have an applicant who is a school dropout or has low school grades, the individual may have been passed through school without any type of diagnosis so it may not be unusual for this diagnosis to occur because the employee learns of the disability after referral to the organizational employee assistance program or from his/her own psychological professional. It is up to the disabled employee to provide the diagnosis and the date of the disability.
Persons with Obsessive-Compulsive Disorder (OCD): A two-part disorder that can be marked by either obsessions or compulsions. Nearly one in 40 people suffer from this disability and is considered by some as the most difficult of the anxiety disorders to treat.
This disorder is different then the others in that it is usually diagnosed as a result of the person recognizing that the obsessions or compulsions are excessive or unreasonable. This is a plus and makes the applicant employable as recognizing a disability will also make him/her aware of the symptoms. Like PTSD, the person with OCD has intrusive thoughts that cause extreme anxiety. The obsessions are based upon fears that the patient has developed such as a fear of germs or fire. These obsessions then result in the compulsions in that the patient will continually wash his/her hands to prevent the germs or constantly check for fire dangers.
In Part III, the reasonable accommodations for this disability will have to become more personal for the organization. The obsessions and resulting compulsions will have to be known in order to understand the effects it may have on this particular applicant or employee. As a result, more information may be required from the treating psychological professional then with the other disabilities which should first be cleared with the legal, human resource, or risk management managers.
Persons with Bipolar Disorder: This particular disorder is a double-edged sword for an organization. Persons suffering from this disability can be extremely creative or artistic and be among the most outgoing of employees. They can also be the most problematical with alcohol or drug abuse, excessive moodiness or irritability, or poor work performance. It is medically treatable but may require counseling to work on behavior patterns learned prior to diagnosis.
The biggest problem with Bipolar Disorder is that it is caused by a chemical imbalance in the brain, much like Depression, and is frequently unnoticeable by the Bipolar individual. These individuals are usually labeled by others as being "highly energetic," "a bitch," or "reckless." It can run the gambit and the sufferer can be labeled as all of these at different times depending on how the illness is effecting the individual's mood. One part of Bipolar Disorder is called Hypomania and the sufferer can feel really good when experiencing this phase. If the supervisor, family, or friends recognize the mood swings caused by Hypomania, the individual will often not recognize the swings and deny that they are happening. The most important thing to know about it is that if it is left untreated, it will only become worse.
If a supervisor has someone who fits this description, he/she cannot really do anything about it if the Bipolar individual refuses to accept it or to do anything to help themself. However, prior to initiating any disciplinary action, organizational management should seriously consider forcing the individual to seek help on his/her own or through the organization's employee assistance program. Knowledge of pending disciplinary action could be sufficient motivation to force the disabled person to get help.
Dismissal is always an option but always remember the rights of this person under the American's With Disabilities Act as outlined in Part II of this publication. Consultation with legal, human resource, or risk management managers should be conducted prior to any disciplinary action.
Persons with Anxiety Disorder: All of the disabilities outlined in this publication can result in some degree of anxiety and is often symptomatic of one or all. The DSM IV has broken out Anxiety as a Generalized Anxiety Disorder (GAD) and is problematic when the anxiety is more than the normal anxiety people experience day to day. This can interfere with the sufferer's life and work and leads them into avoiding certain situations or just enjoying life. It is treatable by medication and therapy.
The symptoms are:
Feeling very anxious and tense even when there is no real danger.
Significant distress and interference with daily activities.
The unnatural avoidance of situations that make the sufferer feel anxious.
Like PTSD, the ability to startle easily.
Edginess, fatigue, poor concentration, irritability, muscle tension, and difficulty in concentration and sleeping.
The effects of GAD are purely psychological and do not have a physiological or medical basis. This could mean, like OCD, that more information then just the diagnosis of GAD could be required by the organization.
Persons with Addictions: These are bypassed in this publication because most organizations already recognize addictions and have active substance abuse programs. What is the real shame is that persons with addictions currently have more rights and opportunities then do those suffering other forms of psychological disabilities. This must change as evidenced in Part II of this publication which now follows.
Part II - The Americans with Disabilities Act (ADA)
A. An Introduction to the ADA
The ADA was passed by Congress on July 26, 1990, and it provides major civil rights to individuals with disabilities which include the reduction of barriers to persons with disabilities and provide equal opportunity in employment, public accommodations, public services, transportation and telecommunications. It is divided into four different "Titles" but the one that is relevant to this publication is Title I. Title I makes it unlawful to discriminate in employment against qualified people with disabilities. For organizations, always remember the term "qualified." For applicants/employees, remember the rest because if you are qualified and denied equal opportunity in employment, then you have been discriminated against based upon Title I of the ADA.
There are three references utilized for this part of the publication. The first is "A Technical Assistance Manual on the Employment Provisions (Title I) of the Americans with Disabilities Act." It was published by the U.S. Equal Employment Opportunity Commission (EEOC). The second is "The ADA and Reasonable Accommodations" which was funded by grants from the U.S. Department of Health and Human Services, Administration on Developmental Disabilities and Community Mental Health Services, and the Department of Education, Rehabilitation Services Administration. The final reference is "How to Enforce Employment Rights Under the Americans with Disabilities Act" which was also funded by the same organizations as the second reference above. These publications should be made a part of the reference library for every hiring authority.
If you are psychologically disabled do you qualify as an individual with a disability under the ADA? The ADA has a three-part definition of disability and it is; "an individual with a disability is a person who has:
a physical or psychological impairment that substantially limits one or more major life activities;
a record of such an impairment; or
is regarded as having such an impairment."
A psychological impairment as defined by the ADA is: "(a)ny mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities. "(s)tress" and "depression" are conditions that may or may not be considered impairments, depending on whether these conditions result from a documented physiological or mental disorder." An example given is that "(a) person suffering from general "stress" because of job or personal life pressures would not be considered to have an impairment. However, if this person is diagnosed by a psychiatrist (mental health professional) as having an identifiable stress disorder, she/he would have an impairment that may be a disability."
The ADA Technical Assistance Manual of Title I lists examples of major life activities. These are:
walking seeing speaking hearing breathing learning reading sleeping sitting working standing lifting performing manual caring for tasks oneself
B. Reasonable Accommodation Requirements:
What are reasonable accommodations? It is a modification or adjustment to a job, the work environment, or the way things usually are done that enables a qualified individual with a disability to enjoy an equal employment opportunity. An equal employment opportunity means an opportunity to attain the same level of performance or to enjoy equal benefits and privileges of employment as are available to an average similarly-situated employee without a disability. The ADA requires reasonable accommodation in three aspects of employment:
to ensure equal opportunity in the application process;
to enable a qualified individual with a disability to perform the essential functions of a job; and
to enable an employee with a disability to enjoy equal benefits and privileges of employment.
The following is an overview of the legal obligations of an employer and are quoted from the ADA Technical Assistance Manual for Title I:
" An employer must provide a reasonable accommodation to the known physical or mental limitations of a qualified applicant or employee with a disability unless it can show that the accommodation would impose an undue hardship on the business.
Reasonable accommodation is any modification or adjustment to a job, an employment practice, or the work environment that makes it possible for an individual with a disability to enjoy an equal employment opportunity.
The obligation to provide a reasonable accommodation applies to all aspects of employment. This duty is ongoing and may arise any time that a person's disability or job changes.
An employer cannot deny an employment opportunity to a qualified applicant or employee because of the need to provide reasonable accommodation, unless it would cause an undue hardship.
An employer does not have to make an accommodation for an individual who is not otherwise qualified for a position.
Generally, it is the obligation of an individual with a disability to request a reasonable accommodation.
A qualified individual with a disability has the right to refuse an accommodation. However, if the individual cannot perform the essential functions of the job without the accommodation, he/she may not be qualified for the job.
If the cost of an accommodation would impose an undue hardship on the employer, the individual with a disability should be given the option of providing the accommodation or paying that portion of the cost which would constitute an undue hardship."
Why are reasonable accommodations necessary? The following is quoted from the ADA Technical Assistance Manual for Title I:
"Reasonable accommodation is a key nondiscrimination requirement of the ADA because of the special nature of discrimination faced by people with disabilities. Many people with disabilities can perform jobs without any need for accommodations. But many others are excluded from jobs that they are qualified to perform because of unnecessary barriers in the workplace and the work environment. The ADA recognizes that such barriers may discriminate against qualified people with disabilities just as much as overt exclusionary practices. For this reason, the ADA requires reasonable accommodations as a means of overcoming unnecessary barriers that prevent or restrict employment opportunities for otherwise qualified individuals with disabilities.
People with disabilities are restricted in employment opportunities by many different kinds of barriers. Some face physical barriers that make it difficult to get into and around a work site or to use necessary work equipment. Some are excluded or limited by the way people communicate with each other. Others are excluded because of rigid work schedules that allow no flexibility for people with special needs caused by disability. Many are excluded only by barriers in other people's minds; these include unfounded fears, stereotypes, presumptions, and misconceptions about job performance, safety, absenteeism, costs, or acceptance by co-workers and customers.
Under the ADA, when an individual with a disability is qualified to perform the essential functions of a job except for functions that cannot be performed because of related limitations and existing job barriers, an employer must try to find a reasonable accommodation that would enable this person to perform these functions. The reasonable accommodation should reduce or eliminate unnecessary barriers between the individual's abilities and the requirements for performing the essential job functions."
One final quote from the ADA Technical Assistance Manual: "An employer may not discipline or terminate an employee with a disability if the employer has refused to provide a requested reasonable accommodation that did not constitute an undue hardship, and the reason for unsatisfactory performance was the lack of accommodation (ADA Technical Assistance Manual for Title I)."
Part III of this publication will discuss reasonable accommodations as mentioned in the introduction. Let's just say for now that the ADA is pretty specific as to the requirement for not discriminating against an employee with a mental disability and to attempt to try and work out some way that this employee can do the job. Actually, it doesn't really place an undue hardship on an employer as the bottom line is that the applicant/employee must be qualified to do the job.
The reason that an applicant is not hired must be that the applicant is not qualified; not that the applicant has a psychological disability. The reason an employee is disciplined or terminated must be that the employee is unable to do the job (with reasonable accommodation); not that the employee has a psychological disability.
As mentioned in Part I, the fact that the supervisor doesn't like someone is no longer a reason for discipline or termination. This is now made very clear by the ADA and is meant as a protection for the employee with a psychological disability who may act a little different then the other employees. The employee has to make the organization aware of the disability but, once that is done, there has to now be some give and take on the part of the employee and the part of management to try and help this person to perform better. The disabled employee now has the right to tell the organization that, "Hey! I think I can do my job better if you do this or if you just flat out treat me the same as you do everyone else."
If the organization has established policies and procedures, they apply to everyone. If the supervisor's best buddy is having production problems and nothing is done about it, the disabled employee should only expect to be treated the same way if he/she is also having production problems. If the disabled employee is having production problems because of his/her disability, then it is time for the employee and supervisor to sit down and figure out what can be done to correct the situation. This is what the ADA is all about. It creates a level playing field for everyone.
C. Enforcement of the ADA:
Chapter X of the ADA Technical Assistance Manual for Title I and the third reference mentioned at the beginning of Part II of this publication, cover the enforcement provisions of the Americans with Disabilities Act. Title I of the ADA is enforced by the Equal Employment Opportunity Commission (EEOC) and an individual who believes he/she has been discriminated against on the basis of a mental disability must file within 180 days from the date he/she knew about the discriminatory conduct. Here is an overview of enforcement provisions quoted from the ADA Technical Assistance Manual for Title I:
" A job applicant or employee who believes he/she has been discriminated against on the basis of disability in employment by a private, state, or local government employer, labor union, employment agency, or joint labor management committee can file a charge with EEOC.
An individual, whether disabled or not, also may file a charge if he/she believes that he/she has been discriminated against because of an association with a person with a known disability, or believes that he/she has suffered retaliation because of filing a charge or assisting in opposing a discriminatory practice.
The entity charged with violating the ADA should receive written notification of the charge within 10 days after it is filed.
EEOC will investigate charges of discrimination. If EEOC believes that discrimination occurred, it will attempt to resolve the charge through conciliation and obtain full relief for the aggrieved individual consistent with EEOC's standards for remedies.
If conciliation fails, EEOC will file suit or issue a "right to sue" letter to the person who filed the charge. (If the charge involves a state or local government agency, EEOC will refer the case to the Department of Justice for consideration of litigation or issuance of a "right to sue" letter.)
Remedies for violations of Title I of the ADA include hiring, reinstatement, promotion, back pay, front pay, restored benefits, reasonable accommodation, attorneys' fees, expert witness fees, and court costs. Compensatory and punitive damages also may be available in cases of intentional discrimination or where an employer fails to make a good faith effort to provide a reasonable accommodation.
Employers may not retaliate against any applicant or employee who files a charge, participates in an EEOC investigation or opposes an unlawful employment practice."
It would seem that the acceptance of the psychologically disabled employee and the providing of reasonable accommodation would be a lot simpler then having to deal with the EEOC. Let's move on to the reasonable accommodation recommendations and see what we can do.
Part III - Methods for Formulating Reasonable Accommodation(s)
Each person is unique and there is no exact method to determine how a person with a psychological disability will react to his/her disability or what his/her behavior will be like. As shown in Part I, there are many symptoms for each diagnosis which would mean that an employee could act one way with all of the symptoms or another way with only a few of the symptoms. An easily agitated employee would be different then one who is depressed so each must be accommodated differently.
The key word in the title of Part III is "Recommendations." There could not possibly be a way to define specific reasonable accommodations for each employee as this is not as clear-cut as building ramps, raising desks, or other accommodations for those types of disabilities that are more visible then are psychological disabilities. Accommodations for psychological disabilities are more non-tangible and usually cost nothing to the employer but can still cause hardships. Any accommodation will require actions by management and supervisors which boil down to patience, understanding, and communication. Communication is the key and starts with the employee.
A. Background:
There have been a lot of publications and books written on physical disabilities. There is very limited information written about psychological disabilities. Kim MacDonald-Wilson, of the Center for Psychiatric Rehabilitation, conducted studies to investigate the best practices for developing reasonable workplace accommodations for people with psychiatric disabilities. One of her findings was that, "(m)ost participants in the study were unaware of the ADA, their rights under the law, or what accommodations were provided to them by the employer. While employers were reported to be aware of the ADA, they had many questions and concerns about how this law applies to job applicants or employees with psychological disabilities." Ms MacDonald-Wilson determined in her research that "most employers stated that they preferred to hear about the disability before or during the initial interview." This is important for the applicant to know in that they are invoking the protection of the ADA by being totally honest. While they may not get the job, the applicant should feel confident that, based upon this research, he/she was not denied the position because of his/her disability.
Also determined from this research was that in many cases, employers "provided accommodations when they were not required to do so under the law. At times, employers modified the production standards or essential functions of the job, provided additional paid leave, provided accommodations to functional limitations due to language and/or literacy deficits not caused by a disability, and changed hours or pay to protect Social Security benefits of the employees." This should also add to the confidence of the applicant in being totally honest.
B. Employee Responsibility:
You have been hired into a new position and you have a psychological disability as defined in Parts I and II of this publication. You have been employed for some time and discover that you have a psychological disability as defined in Parts I and II of this publication. What do you do now? In either case, you are qualified for the job or you wouldn't be an employee. Do you have to make your employer aware of your disability? Absolutely not. Should you make your employer aware of your disability? As a protection of your rights under the ADA, you should. If you review Part II, the ADA, you cannot make your employer aware as an afterthought to a disciplinary action.
Do you need reasonable accommodation? Maybe not. Maybe you can function extremely well without any and this is highly commendable. Discuss this with your doctor or counselor as he/she may have some recommendations as to accommodation(s) that you may not be aware of. Your psychological professional may also know more about you then you know about yourself so has a different perspective on how you will relate to your employment. It certainly may not be a bad idea to have the psychological professional correspond his/her recommendations directly to the employer.
Also note from the ADA that it is normally left up to you to recommend reasonable accommodation(s). In order to arrive at some on your own, if they become necessary, you might want to ask yourself some questions.
How well do you communicate your feelings?
If you have difficulty with communication skills, a reasonable accommodation could be a change in communication method. If you are easily agitated and become boisterous when communicating verbally, you and your supervisor can agree that you will communicate in writing. This will improve conditions because your supervisor will not have the disruption in the workplace and, since you are documenting your communication, it will make you think carefully about what it is you wish to communicate. Remember, that the disruption of the workplace would be what your supervisor would key on and not what you are trying to communicate.
What emotions are symptomatic of your diagnosis?
Your disability will affect your emotions in some form or another and you should always be aware of just what form your diagnosis takes. A reasonable accommodation could be some "alone" time for those emotions that could be disruptive (e.g., anger, crying spell). For those that could be harmful to you (e.g., depression to the point of suicidal thoughts), asking the supervisor if you could just talk for awhile could be another accommodation. Remember though, reasonable accommodations cannot impose an undue hardship to the employer. Walking off the assembly line or leaving the job could very easily result in a hardship if the line has to shut down, you're needed while gone, or you take the supervisor away from his/her job. This would need a lot of give and take from both you and your supervisor for either of these to be considered as "reasonable." But, it can be done to both your benefit and the benefit of the organization.
How do you view authority?
Agitation and anger are not the only symptoms of psychological disabilities. They are emphasized more in this publication because they will probably create the most difficulty for the employee as far as disciplinary action by the employer. In the beginning, the author mentioned that psychologically disabled employees may be terminated or disciplined because they are not "liked." How you answer this question could create another difficult reasonable accommodation. If you have a difficult time respecting your supervisor, then your view of authority may be an issue that needs to be resolved. Communicating this in whatever form may be the first step in establishing an accommodation. While this may be thought to relate to the communication of feelings question above, it is separate in that this will involve the exchanging of an unpopular point of view. There are few, if any, organizational policies against the stating of a point of view by an employee. You should be tactful in presenting this and form a viable accommodation based upon your point of view.
Set up a meeting and be specific. An accommodation could be that you request that the supervisor be sympathetic while you are trying to deal with your feelings.
Do you honestly feel that you can do this job?
If you answer yes with no qualifications, you are in good shape.
If you answer no or are not sure, then you need to discover why. This should be discussed with your psychological professional as well as your own self-discovery. This is where you can probably come up with the best ideas for reasonable accommodation(s). If you discover that you don't think that you can do the job based upon your own groundless fears, then your reasonable accommodation would be with yourself - - to work on these fears. A reasonable accommodation with your supervisor could be to agree to more frequent, informal evaluations. If the organization for which you work has established evaluation periods, then the need for them to be informal would create a fairness for the other employees who may rely on the evaluations for pay increases or bonuses. Remember, too, that these types of informal evaluations could also create documentation that could be used against you and that your agreement to them means that you must take whatever type of criticism may result very seriously. If they are good evaluations, then you can use them to work on your fears and see that they are groundless. Finally, any supervisor that would go this length to provide this accommodation, deserves your respect and support.
How do you rate your performance against how you are told your performance is?
The performance evaluation itself could create reasonable accommodation(s). If your supervisor thinks you need to improve in one area and you disagree, then some middle ground could be an accommodation. Always remember that your disability does not bring with it guarantees of continued employment but that the request for accommodations is the only right you have. You must be as flexible as your supervisor and cooperate as much as is practical.
Your supervisor should be knowledgeable of how a job is to be performed so he/she will carry all the weight unless you can be specific as to what the middle ground could be. Accommodations will come from honest feedback from you and your supervisor.
Is your employer/supervisor aware of your disability and its symptoms?
This has been emphasized throughout this publication. If you are terminated or disciplined, it is now to late to come to the organization and tell them you are disabled and request reasonable accommodation(s). Remember, too, that the ADA says that you only have to tell your employer that you are disabled and not necessarily have to prove it. If you were to say to your supervisor, for example, "You know, boss, I suffer from Obsessive-Compulsive Disorder and would like some soap and paper towels put next to my work area." The boss blows it off. You frequently go to the restroom to wash your hands and are fired because of this. Guess what? You may now have an EEO complaint based upon the ADA. It is extremely important that you tell the employer and a request for reasonable accommodation will usually come as a result, as it may not seem important until you see something that effects your performance that can be corrected or improved. It is recommended that you prove it if requested by the employer and that you document any requests for reasonable accommodation(s).
Is your employer/supervisor receptive to your disability?
If your employer/supervisor is not receptive to your disability, you now have grounds for a reasonable accommodation. The ADA provides equal treatment for all and if the discovery of your disability leads to your being treated differently then any other employee, your reasonable accommodation will be that this treatment will stop immediately and that you demand to be treated the same as everyone else.
What are your fellow employees feelings toward your treatment as a result of your disability (real vs. perceived)?
Some symptoms of psychological disabilities can create undue perceptions. Always remember that employees see everything that goes on and could pick up on some reasonable accommodations you have received. Since the ADA specifies that the accommodations are to make you equal to them, both their perception and yours could be totally groundless. Discuss this with your psychological professional as employees may need to be as educated on the ADA as is the employer. If your counselor thinks that your feelings toward what your fellow employees think of you are groundless, then work on your feelings. If your counselor thinks they are real, then education could be a reasonable accommodation so that the employees can understand what is going on. This could create an expense for your employer but not an undue hardship.
These questions are not all inclusive. Ask them to yourself as they may create more questions which could result in more reasonable accommodations. Don't take advantage as the ADA was meant to help you be equal on the job and not to create immunity to discipline or termination. Know just what your protections are under the ADA and use them whenever necessary. When you arrive at what you feel are reasonable accommodations, discuss them with your psychological professional and have him/her communicate them to your employer. The EEOC provides priority processing to those complaints where reasonable accommodations were not accepted by the employer, resulted in a disciplinary action, and were endorsed to the employer by a psychological professional.
The Americans with Disabilities Act and this pamphlet are not provided as an excuse for poor work performance. Make sure that the reasonable accommodations requested are truly viable and workable. Not liking a part of the job requirements and utilizing this information to avoid it is not fair to the employer and to the employee. Try to make the reasonable accommodations go toward performing this task better.
C. Employer Responsibility:
Your responsibility is mostly found in Part II of this publication. It is to your advantage to follow the ADA guidelines as to its intent and content. Federal contracts or grants could be placed in jeopardy by EEOC complaints against your organization. Make sure that your legal, human resource, EEO, and risk management offices are totally aware of the ADA.
In Kim MacDonald-Wilson's research, she determined, "(s)upported employment providers reported that 99.5% of the accommodations involved no direct cost to the employer, and less than 1/4 involved an indirect cost. Of those that involved an indirect cost, about 1/3 involved extra supervisory time (averaging 5 hours per month) or extra co-worker time (averaging 9 hours per month)...These hours were most often within the first few months on the job."
Your goal should always be to be the employer of choice in an effort to hire and retain the best and brightest in all fields. Your organization will benefit more from a contented workforce then one with continual turnover and friction.
Another important point to keep in mind is the welfare of those employees with the more visible handicaps. The person in the wheelchair may have been traumatized by the event that put them in the wheelchair and suffer from one or more of the psychological disabilities outlined in Part I as a result. They may need more then just a special parking spot or a ramp.
You'll do fine.
1997, Tom Abel
Acknowledgments:
Diagnostic and Statistical Manual of Mental Disorders, Fourth Edition (DSM IV) A Technical Assistance Manual on the Employment Provisions (Title I) of the Americans with Disabilities Act The ADA and Reasonable Accommodations How to Enforce Employment Rights Under the Americans with Disabilities Act An Investigation of Best Practices for Developing Reasonable Workplace Accommodations for People with Psychiatric Disabilities, Kim MacDonald-Wilson, M.S., Principal Investigator Special assistance was provided by: Judith H. Hunt, MA, CPC L. Grant Hays, MA, Counselor George Caragianis, MA, Psychology
This publication has as its sole intent, the assistance of organizational management and those with psychological disabilities. It is a guide only and has no force of law in a court of law. The author is confident that its use will be of benefit to those who utilize it but accepts no responsibility for any negative effects it may have on the organization or those diagnosed with psychological disabilities. It cannot be reproduced, reprinted, or distributed without the express, written permission of Tom Abel, 6121 E. Karen Dr., Sierra Vista, AZ 85635.
For more information on this subject and updates, please visit the website at http: //members.tripod.com/~acomodte.html.
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