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Bending
Over Backwards: Understanding Whats Reasonable in Accommodating
Psychiatric Disabilities
Dr. Joni Johnston
(written for HR.com)
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Somethings
wrong with Kathleen. I remember the day at the mental health
clinic when our receptionist came to tell our group of social workers
and psychologists that our colleague was acting strangely. We were
in total denial. In fact, it took several hours before our psychologist/supervisor
admitted to herself that our social worker colleague was having
an acute psychotic episode and drove her to a trusted psychiatrist.
Before that, we all wasted valuable time and energy trying to talk
rationally to someone whom, it was abundantly clear, was incapable
of doing so.
If mental health
professionals have trouble dealing effectively with a disturbed
colleague, I can only imagine what its like for human resource
professionals. Yet the reality is that 5 of the 10 leading causes
of disability worldwide are mental illnesses. More working days
are lost each year as the result of mental conditions than from
physical conditions. Ready or not, human resource professionals
have to cope with mentally ill employees and, with the 1990 signing
of the Americans With Disabilities Act, have to find their way through
the legal as well as the emotional complexities of dealing with
psychiatric disturbances on the job. In this article, well
take a look at the impact of serious mental illness on work and
how employers can help their employees manage them without bending
over backwards (and breaking their banks) in the process.
I Just Cant
Concentrate
If youve
ever grieved over the loss of a loved one, you have a glimpse of
what clinical depression feels like. When my mother died suddenly
three years ago, I was in shock. For three months, I had trouble
sleeping, I found myself reading the same paragraph over and over
at work, and I forgot to do things. I cried over with the least
provocation. With time, these symptoms passed and today Im
back to normal. For people who suffer from major depression,
these symptoms can occur spontaneously and without warning.
Serious mental
illnesses, such as recurrent major depression, a severe obsessive-compulsive
or anxiety disorder, or bipolar disorder, may interfere with a persons
work functioning in different ways. Some of the illnesses affect
a persons ability to do certain things, such as thinking or
communicating with others. For example:
Screening
out environmental stimuli trouble blocking out sounds,
sights, or odors which can interfere with focusing on tasks
Sustaining
concentration - restlessness, shortened attention span, easily
distracted, trouble remembering verbal directions.
Maintaining
stamina not having energy to work a full day, combating
drowsiness due to medications.
Handling
time pressures and multiple tasks having difficulty managing
assignments & meeting deadlines, prioritizing tasks.
Interacting
with others - getting along, fitting in, talking with coworkers,
reading social cues.
Responding
to negative feedback - understanding and interpreting criticism,
knowing what to do to improve, initiating changes because of low
self-esteem.
Responding
to change - coping with unexpected changes in work, such as
changes in the rules, job duties, supervisors or coworkers.
Some of these
symptoms may not be readily apparent. Employers and supervisors
may be able to notice significant changes in their employees
work habits, behaviors, performance, and attendance, such as:
- Consistent
late arrivals or frequent absences,
- Low morale,
- Lack of cooperation
or a general inability to work with colleagues,
- Decreased
productivity,
- Increased
accidents or safety problems,
- Frequent
complaints of fatigue or unexplained pains,
- Problems
concentrating, making decisions, or remembering things,
- Making excuses
for missed deadlines or poor work,
- Decreased
interest or involvement in ones work.
Managers and
supervisors need to know how to respond to changes in, or erratic
behavior from, an employee. Most importantly, they must understand
their role in helping their employees deal with psychiatric illness
to accommodate them when necessary, to make use of available
resources so they can get the help they need, and to work with human
resources. Managers and supervisors also need to know their limits,
i.e., not to diagnose, treat, ignore, or get overly involved with
an employees problems. And abide by the law.
Understanding
Your Legal Obligations
Title I of the ADA provides protection against disability for qualified
individuals with disabilities. From a psychiatric perspective, a
mental impairment is one that is severe enough to limit a major
life activity such as sleeping, concentrating, thinking, working,
learning, or interacting with others. Diagnoses such as major depression,
post-traumatic stress disorder, schizophrenia, obsessive-compulsive
disorder, and panic disorder are covered under the ADA; illegal
drug use, compulsive gambling, kleptomania (compulsive stealing)
are not.
If an individual
discloses a mental disability, employers should make an effort to
accommodate him or her. Reasonable accommodations may include physical
changes in the workplace (ex. The use of room dividers for someone
who has concentration difficulties), a modified work schedule (ex.
time off or a change in regular hours), or an adjustment of supervisory
methods (ex. more feedback, the provision of a job coach or mentor).
Advice for
Five Sticky Situations
What do you do when an employee asks you whats wrong with
an impaired work colleague? ADA confidentiality prohibits any disclosure
of medical information about an employee with a disability, no matter
how concerned the inquiry. Furthermore, an employer is not permitted
to tell other employees when it is providing a reasonable accommodation
for that particular individual, since such disclose implies that
the individual probably has a disability (since only individuals
with a disability are covered under the ADA). You can, however,
state that the company is acting for legitimate business reasons
or in compliance with federal law.
What do you
do when an employee stops taking medication? Focus on the employees
misconduct and explain to the employee the consequences of the misconduct
in terms of uniform disciplinary procedure. You cannot, however,
require that the person take medication as a condition of employment.
It is the employees responsibility to take medication and
to consider the consequences if s/he chooses not to.
The person keeps
getting disability letters from the doctor and he seems like a quack.
Consider requiring the employee to get a professional opinion from
a doctor you trust. It is within your rights to do so to obtain
documentation of a disability and verify the need for accommodation.
You must pay all costs associated with it.
An employee
with a history of threatening coworkers says his behavior is part
of a personality disorder. Employers are not required to provide
accommodation for a person who poses a direct threat to the health
or safety of the workplace. This determination cannot be made based
on (the inaccurate) stereotype or belief that people with mental
illness are dangerous. Rather, this determination must be based
on objective evidence obtained from a healthcare professional or
some other credible source (such as coworkers who have observed
an employee making threats). If such evidence exists, treat the
behavior like any other conduct problem.
An employee
claims that her work stress is a disability. Traits or behaviors
are not, in and of themselves, mental impairments. Stress, by itself,
is not a mental impairment but could relate to a mental or physical
impairment. If an employer complains of severe work stress, work
with him or her to try to alleviate the work situation and make
a referral to your EAP or consulting psychologist.
The Silver
Lining in the Black Cloud
The best thing about psychiatric illnesses is that theyre
highly treatable. Most individuals with significant mental illnesses
can return to work and lead normal, productive lives with
minimal costs to the employee. In fact, most accommodations cost
less than $500.00 far less than it would take to replace
the person. In fact, most of them are free. A highly distractible
employee, for example, might benefit from wearing headphones with
soft music. An employee whose having trouble concentrating might
need to take more frequent breaks or might need extra help prioritizing
his work tasks. Employers dont have to invent light-duty jobs
or lower their job expectations to accommodate a psychiatric disability;
most of the time, they just need to be a little flexible.
Seems like more
trouble than its worth? I guess you could try to screen out
candidates with mental health problems. Of course, this strategy
would have eliminated Abraham Lincoln, Winston Churchill, Michelangelo,
Beethoven, or Sir Isaac Newton, just a few of the famous people
whove successfully coped with a mental illness. Which makes
a little effort to accommodate a productive employee with a mental
illness good business -- and a reluctance to do so seem kind of
crazy.
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