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EEOC’s psychiatric disabilities guidance – and other interesting items--are available at EEOC’s web site, www.eeoc.gov.
Navigating the minefield of Americans with Disabilities Act (ADA) compliance has become even more hazardous for employers as a result of controversial new guidelines on employee psychiatric disabilities recently published the U.S. Equal Employment Opportunity Commission (EEOC). According to the EEOC, employers with 15 or more employees must accommodate employees’ psychiatric disorders (such as depression, schizophrenia, and personality disorders) if the employee’s symptoms are pronounced enough (without medication) to rise to the level of a “disability” under the ADA. According to the guidelines, an employer may not question an employee about mental illness or require a psychiatric evaluation unless it is “job-related and consistent with business necessity,” which generally requires a reasonable, objective belief that the employee may have a condition that impairs his ability to perform essential job functions or that poses a “direct” threat to others. Any examination must be strictly limited to whether the employee can perform the essential functions of the job. An employer may not inquire of an applicant or require a medical or psychiatric exam until after the job has been offered. The guidelines concede that an employer may regulate conduct and may discipline employees, with or without disabilities, for violations of reasonably necessary work rules. An employer need not tolerate abusive or violent behavior, for example, or rescind discipline given an employee for such behavior even if it is later found to have resulted from a psychiatric disability. The guidelines, which have been roundly criticized by employers, do not have the force of law. They do outline the positions the EEOC can be expected to take in investigation and enforcement of ADA claims.
Cook, Little, Rosenblatt & Manson ALERTS are produced periodically as a service of Cook, Little, Rosenblatt & Manson, p.l.l.c. and are intended to highlight emerging legal issues affecting our clients and friends. It is, of course, no substitute for specific legal advice.
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