Beyond Physical Disabilities
While many associate the Americans with Disabilities Act (ADA) with physical disabilities, it’s important to remember that the law also covers mental health conditions.
Why Mental Health Matters in the ADA
Mental health conditions can significantly impact a person’s ability to perform daily activities, including work. The ADA recognizes this, protecting individuals with mental health disabilities from discrimination in the hiring process, throughout their employment, and during termination procedures.
Examples of ADA-Covered Mental Health Conditions
The ADA doesn’t provide an exhaustive list, but some common mental health conditions that might qualify for protection include:
- Anxiety Disorders
- Mood Disorders
- Post-traumatic Stress Disorder (PTSD)
- Obsessive-Compulsive Disorder (OCD)
- Attention Deficit Hyperactivity Disorder (ADHD)
Challenge of the Invisible Disability
Unlike physical disabilities, which may be easily seen, mental health conditions are often invisible. This can make it challenging for employees to disclose their needs or for employers to recognize when accommodations might be necessary.
Mental health conditions may also still carry stigma in some workplaces. Employees might fear discrimination or negative judgment if they disclose.
Reasonable Accommodations
If an employee approaches a leader at your company with a request for reasonable accommodation for their mental condition, enter into the interactive process to find the right solution. Examples of accommodations include:
- Flexible workplace and scheduling
- Time off for treatment
- Breaks
- And many more. The Department of Labor (DOL) provides comprehensive information on mental health accommodations.
Privacy
The ADA protects employee privacy regarding mental health conditions. While employees may need to provide some documentation for accommodation requests, it can be limited.
Employers can request a doctor’s note confirming the disability and need for accommodation, but they must keep this information confidential. It’s stored separately and only shared with those who directly manage the employee’s work (not colleagues). They also don’t have to disclose your medical or mental health history.
As a reminder, several laws protect the confidentiality of personal health information. Guard this information very carefully. Most people with a “need to know” actually only need to know the job duties affected and the resulting accommodation made rather than the diagnosis.
Remember that the ADA focuses on the functional impact of an impairment, not necessarily the specific diagnosis.
Please get in touch with your HR Business Partner at Nextep for ADA guidance for your workplace.
