Beyond the Diagnosis: A Transparent Look at Job Accommodations for Mental Health Beth Loy, Ph.D., Principal Consultant Job Accommodation Network.

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Presentation transcript:

Beyond the Diagnosis: A Transparent Look at Job Accommodations for Mental Health Beth Loy, Ph.D., Principal Consultant Job Accommodation Network

Overview Mental Health Accommodations About JAN Impairments Limitations Limitations Obstacles Helpful Tips

JAN: Free Resource Mental Health Accommodations Job Accommodations Americans with Disabilities Act (ADA) Resources

JAN: Free Resource Mental Health Accommodations Meet you where you are. Help meet timelines. Assist with the interactive process. Give targeted technical assistance. Provide comprehensive resources. Maintain confidentiality. Work as your partner.

Common Mental Health Impairments Mental Health Accommodations Common Mental Health Impairments Anxiety Bipolar Disorder Major Depression Obsessive Compulsive Disorder (OCD) Panic Disorder Post-Traumatic Stress Disorder (PTSD) Seasonal Affective Disorder (SAD)

Limitations Mental Health Accommodations Concentration Memory Organization Time Management Stress / Emotions Panic Sleep Disturbances Attendance Coworker Interaction Working Effectively

Obstacles Mental Health Accommodations Performance Standards Disclosure Medical Documentation Policy Modification Service Animals Reassignment Performance Standards Conduct Standards Job Restructuring Modified Schedule/Leave Confidentiality Direct Threat

Disclosure Tilly has bipolar disorder. She needs to disclose her disability and ask for an accommodation of a flexible schedule while she adjusts to new medication. Tilly is having difficulty sleeping and waking up and has been late three days in a row. She is wary of disclosing her medical condition but doesn’t want to get into disciplinary action.

Accommodation Tilly discloses and provides medical documentation. Since her work doesn’t depend on or affect others, her employer found no hardship in flexing her schedule as long as she gets her time in between the core business hours of 8:00 am to 6:00 pm.

Disclosure

Medical Documentation Jon, a longtime IT employee of a university, discloses that he has been having severe bouts of depression that have affected his ability to work the night shift. Jon requests that his shift be changed to help him better regulate his sleep. The manager is totally surprised, because Jon has had no performance problems.

Accommodation The manager asks Jon for medical documentation that will provide information as to why the accommodation is needed. The manager then takes a look at the IT schedules to see what can be done to assist this employee.

Medical Documentation

Policy Modification Rico worked the help desk, where his main job functions were troubleshooting the problems of other staff members. Rico was highly competent in solving problems but became impatient, rude, and disrespectful to coworkers who contacted him for assistance.

Accommodation A new policy was instituted which allowed Rico to take requests for help by e-mail instead of in person or by phone, reducing the stress caused by interactions with his coworkers. This enabled him to keep his emotions and behavior in check.

Policy Modification

Service Animals Tana is a file clerk with an anxiety disorder who uses a service animal to help her deal with stress in the workplace.

Accommodation The employer modified its “no animal” policy and allowed the service dog in the workplace.

Service Animals

Reassignment Vaughn, an RN with nearly twenty years of experience in a veteran’s hospital, was having great difficulty working in the emergency and critical care units due to an increase in symptoms when dealing with trauma. He asked for the accommodation of a reassignment.

Accommodation The hospital HR department worked with Vaughn to determine positions he was qualified for that were open or would be soon. Together they ranked the positions in the order of which were best suited to him. Vaughn was able to choose among three different positions in the veterans’ healthcare system.

Reassignment

Performance Standards A hotel employer conducts a meeting with Mina, a housekeeper, to talk about her recent performance. The employer knows of Mina’s OCD diagnosis, but he doesn’t mention the disability and is prepared to handle the situation as a performance issue, giving a verbal warning. Mina relates her low performance to her OCD and asks for help in meeting performance standards.

Accommodation The employer documents that this is a first verbal warning but doesn’t rescind the discipline. He does start the interactive process at this time and asks Mina what she feels would help her meet the timelines of her tasks.

Performance Standards

Conduct Standards Jo is a nurse with severe depression who is written up after several verbal warnings for inappropriate conduct. She is placed on a thirty-day plan of improvement and warned that if the behavior doesn’t stop within the stated time period, she will be let go. Jo decides to disclose her disability and ask for accommodations to assist her in responding more appropriately to co-workers.

Accommodation Since Jo discloses and requests accommodations, the employer puts the PIP on hold until they receive medical documentation and put accommodations into place but does not rescind the discipline that occurred before the disability was known. Once accommodations are put into place, the employer starts the PIP.

Conduct Standards

Job Restructuring Jack is an elementary teacher who experienced temporary but extreme fatigue, expected to persist for several months due to a change in medication and the onset of winter.

Accommodation He was accommodated with the removal of two extra duty requirements. Job restructuring, which consisted of temporarily removing his early and late bus duties, caused no hardship to the employer and greatly reduced Jack’s expenditure of depleted energy.

Job Restructuring

Modified Schedule and Leave Sally is an employee who works in a corrections facility. She was having difficulty waking due to newly prescribed medications. Sally has had increasing symptoms of PTSD with the approaching ten-year anniversary of the traumatic event.

Accommodation Because of her inability to get to work on time and attend work at all on some days, Sally’s employer provided her with an accommodation of leave to help her manage the temporary side effects of the medications.

Modified Schedule and Leave

Confidentiality Jasmine confronts her supervisor with a request to be provided an opportunity to work from home as one of her coworkers in now doing. Although there is no formal policy that allows telework, Jasmine states that what is available for one employee should be available to all employees.

Accommodation The supervisor cannot disclose that another employee is receiving an accommodation. The employer emphasizes the policy of assisting an employee who encounters difficulties in the workplace and the need for privacy.

Confidentiality

Direct Threat A 911 dispatcher begins to have panic attacks on the job that cause him to leave his workstation and the phone lines to take a walk outside the building to calm himself down. The episodes can last anywhere from 20-45 minutes and are increasing in frequency. What started out as a couple of episodes a month have progressed to several daily episodes.

Accommodation The supervisor views this situation as a direct threat and requests medical information from the employee that includes a job description review form and strategies to keep the panic at bay.

Direct Threat

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