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Reasonable Accommodation for People with Mental Illness:
How do you decide what to disclose and what to request as an
accommodation?
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Michigan Disability Rights Coalition completed four presentations/discussion groups with people who have psychiatric disabilities in Michigan: Reasonable Accommodation for People with Mental Illness: How do you decide what to disclose and what to request as an accommodation? The sessions were held at four Clubhouses and attended by 132 people in January - February 2005. Resources and links from this project are available below!
This project was funded in part by the Michigan ADA Steering Committee, a branch of the Great Lakes ADA and Accessible Information Technology Center, 1-800-949-4232.
Questions about the ADA:
- May an employer ask questions on a job application
about history of treatment for mental illness, hospitalization, or the
existence of mental or emotional illness or psychiatric
disability?
No. An employer may not ask a question that is likely to elicit information about a disability before making an offer of employment. - When may an employer lawfully ask an individual about a
psychiatric disability under the ADA?
An employer may ask for disability related information, including information about a psychiatric disability only in the following circumstances:- If a individual asks for a reasonable accommodation for the hiring process.
- If the need for the accommodation is not obvious the employer may ask for documentation about his/her disability.
- After making a job offer the employer can require a
pre-employment medical examination only if the employer subjects all employees
to the same examination regardless of disability.
- Do ADA confidentiality requirements
apply to information about a psychiatric disability disclosed to an
employer?
Yes. Employers must keep all information concerning the medical condition of an employee including information about psychiatric disability confidential under the ADA. Employers must collect and maintain such information on separate forms and in separate medical files, from the usual personnel files. There are reasonable exceptions to this:- Supervisors and managers may be told about necessary restrictions on the work duties of an employee and about necessary accommodations.
- First aid and safety personnel may be told if the disability requires emergency treatment.
- Government officials investigating compliance with the ADA
must be given relevant information on request.
- Is there a certain time an individual needs to disclose
a disability?
No: An individual can choose to disclose at any time during employment. However, if a person is fired for violating a policy and then discloses of having a disability is made after being fired the employer does not at that point have to give any accommodations because the individual is no longer an employee.
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Discussion: Disclosure of Disability
Whether or not to disclose to an employer is a very personal decision. Reasons for disclosure may vary from person to person. A few reasons to disclose include:
- To request a needed accommodation
- To educate people about their condition
- Others disclose because they do not want to feel like they are hiding something.
(Discussion: Ask how many of the group participants have disclosed a disability to an employer and what was the outcome positive and negative)
There are risks associated with telling an employer about one’s disability. An employee may suffer some stigma and discrimination either from supervisors or employees even though it is not legal.
(Discuss Stigma and Discrimination with the group participants and ask how many have felt the pang of stigma and/or discrimination ask for real life examples and have a discussion.)
If you decide to disclose you should determine how specific you want to be about your disability and provide information accordingly:
- Very General: refer to a medical condition or an illness.
- A little more specific: say that you have a biochemical imbalance, a neurological problem, or a brain disorder, or difficulty with stress.
- Very specific: give your exact diagnosis.
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Web Resources:
- TECHNICAL ASSISTANCE MANUAL: Title I (THE EMPLOYMENT
PROVISIONS) of the ADA
http://www.jan.wvu.edu/links/ADAtam1.html#II. - Your Employment Rights as an Individual With a Disability
http://www.eeoc.gov/facts/ada18.html. - EEOC Enforcement Guidance on the Americans with Disabilities
Act and Psychiatric Disabilities
http://www.eeoc.gov/policy/docs/psych.html. - TITLE I: EMPLOYMENT OF INDIVIDUALS WITH PSYCHIATRIC DISABILITIES http://www.usccr.gov/pubs/ada/ch5.htm .
- Mediation of Employment Discrimination Disputes Involving
Persons With Psychiatric Disabilities
http://www.adainsights.org/Psychiatric2.htm. - Title I of the Americans with Disabilities Act—
Prohibiting Discrimination in the Workplace
http://www.bazelon.org/issues/disabilityrights/resources/title1.htm. - What is Psychiatric Disability and Mental Illness?
http://www.bu.edu/cpr/reasaccom/whatis-psych.html . - What are Reasonable Accommodations? http://www.bipolarsurvivor.com/work2.html .
- ANXIETY IN THE WORKPLACE
http://www.adaa.org/AnxietyDisorderInfor/workplace.cfm. - The Center for Reintegration, Mental Illness in the
Workplace:
http://www.reintegration.com/reint/employment/workplace.asp. - Reasonable Workplace Accommodations for People with
Psychiatric Disabilities
http://www.bu.edu/cpr/reasaccom/employ-read-macdon.html . - From Privileges to Rights: People Labeled with Psychiatric
Disabilities Speak for Themselves
http://www.ncd.gov/newsroom/publications/2000/privileges.htm. - The Challenge of Rehabilitation Counselors: Working with People
with Psychiatric Disabilities
http://www.findarticles.com/p/articles/mi_m0825/is_1_65/ai_54329871.
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