Discussion Guide to Mental Disabilities in the Workplace
1. What are the main issues that have caused organizations to be more proactive regarding addressing mental disabilities in the workplace? (Address employee and organizational issues—such as typical age and productivity, profits, employee loyalty)
2.a. Define the four statutory criteria used to decide litigation of mental disability claims:
• "qualified person"_________________________________________________________________
• "mental impairment"_______________________________________________________________
• "reasonable accommodation" _______________________________________________________
• "undue hardship"_________________________________________________________________
b. What is NOT legally considered to be a mental disability? Is this condition clearly defined? Do previous judgments re: a specific type of disability or accommodation define future decisions?
c. Can an employer require an examination by a psychiatrist or psychologist the employer has selected? Explain.
d. Does ADA stipulate that mental disabilities be addressed totally differently than physical disabilities? Explain.
3. Does the ADA typically protect claims that a stressful supervisor is causing emotional problems or that misconduct is due to a mental disability of which the organization was unaware? Explain both situations.
5. a. Legally, who may ask for an employee to receive reasonable accommodation?
b. How specific does an initial ("triggering") request for reasonable accommodation need to be?
6. How should supervisor respond when employee or agent asks for accommodation? (What would be inappropriate?)
7. Circle or check off the sample accommodations on the last page should be part of a good management/HRM system regardless of whether a disability is involved?
For each scenario noted below, we’ll discuss the following as a class &/or in small groups.
a. Is this (or similar) situation covered by the ADA? Why or why not?
b. If your answer is yes or maybe, how will you respond (as supervisor)?
c. Whether or not situation is covered by ADA, how might you (as supervisor) address each situation so productivity and perceptions of equity would be enhanced?
1.At the company picnic, an employee’s spouse asks that the employee be given time off because the employee is "depressed & stressed."
a. Is this (or similar) situation covered by the ADA? ___ Yes ___ Maybe ___ No Explain why.
b. How might you (as supervisor) address the above so productivity & equity perceptions are enhanced?
2. An employee is distressed by the end of a romantic relationship. Although s/he continues the daily routine, s/he sometimes becomes agitated & disagreeable at work. S/he sought counseling and his/her mood has improved. The counselor (NOT a certified psychologist or psychiatrist) gave a diagnosis of "adjustment disorder" & does not expect the employee to have long-term problems due to the break-up.
a. Is this (or similar) situation covered by the ADA? ___ Yes ___ Maybe ___ No Explain why.
b. How might you (as supervisor) address the above so productivity & equity perceptions are enhanced?
3. An employee states s/he has trouble concentrating when tired or during long meetings. S/he attributes this to chronic depression.
a. Is this (or similar) situation covered by the ADA? ___ Yes ___ Maybe ___ No Explain why.
b. How might you (as supervisor) address the above so productivity & equity perceptions are enhanced?
4. A retailer does not allow cashiers to drink beverages at check-out stations. Cashiers also are limited to one meal & two 15-min. breaks during an 8-hour shift. A cashier has provided you with proper documentation (from psychologist) that states the cashier has a psychiatric disability & needs to drink beverages about once an hour in order to combat dry mouth, a side-effect of psychiatric medication. A cashier requests reasonable accommodation to allow him/her to drink beverages at the check-out station.
a. Is this (or similar) situation covered by the ADA? ___ Yes ___ Maybe ___ No Explain why.
b. How might you (as supervisor) address the above so productivity & equity perceptions are enhanced?
