A top-performing employee is diagnosed with depression and now says her medication makes it impossible for her to make it to work on time. Must an employer change her work schedule? A job applicant volunteers that he is intellectually disabled but says he can perform his job with a job coach. Is that a reasonable accommodation? Are you prepared to answer those questions ... and more?
The ADA requires employers to provide a reasonable accommodation to applicants or employees with mental or physical disabilities who are qualified to perform the job's essential functions with or without a reasonable accommodation.
Often, however, accommodating mentally disabled applicants or employees requires even more flexibility and creativity. Here are five lessons learned from recent court cases and EEOC guidance:
1. How should we handle an employee whose performance is deteriorating and whom we suspect may have a mental disability?...(register to read more)
- Complaining about co-worker's harassment may be protected
- Remind employees: Honesty required when applying for health insurance benefits
- No notice when suing gov't for workers' comp retaliation
- HR CSI: How to conduct a post-mortem of a legal claim
- Are we required to grant a former employee access to his personnel records?