Aside from common decency, there's a built-in case for a compassionate approach when reviewing accommodation requests from individuals with psychological disabilities. Compensatory and punitive damages may not be awarded under the Americans with Disabilities Act (ADA) if an employer demonstrates good-faith efforts, in consultation with the person with the disability, to identify and provide a reasonable accommodation that would not cause undue hardship on the employer.
"Every case is unique, and sometimes it is readily apparent that a reasonable accommodation is not possible," said Catherine Cano, an attorney with Jackson Lewis in Omaha, Neb. But she noted that "the ADA offers an incentive for employers that make an effort when it comes to accommodations." As she put it, "practicing empathy can go a long way."
Stigma Remains
"Communication around psychological disabilities can be particularly challenging to employers," Cano said.
Mental health issues can carry stigma, and employees may be hesitant to disclose a psychological condition, she said.
Conditions such as depression and anxiety disorder are seldom static, which means reasonable accommodation needs will change over time, said Peter Petesch, an attorney with Littler in Washington, D.C.
"With any disability but particularly with conditions that are often stigmatized, such as mental or psychological illnesses, guard the confidentiality of medical information," he said.
Maintaining Performance Standards
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