In yesterday’s Advisor, we got attorney Audra Hamilton’s take on mental disability accommodation. Today, her examples of accommodation in action, plus an introduction to BLR’s popular pre-written policy collection, SmartPolicies.
Hamilton’s remarks came at BLR’s Advanced Employment Issues Symposium, held recently in Nashville, Tennessee. Hamilton practices law in Tulsa, Oklahoma.
Accommodation Example #1: Depression
John Jones is a vice-president in your company. Last year his son was killed in a car accident, and he became intensely sad and withdrawn (except for coming to work). This behavior has continued, and other employees have complained to you about John’s inability to interact with them on major projects and his lack of concentration. Yesterday, John came to you and said that he needed to take a leave of absence for treatment of what his doctor says is clinical depression.
Is that an ADA accommodation request?
Is John disabled?
Answer: Probably yes to both questions, Hamilton says. John has been diagnosed with a mental impairment and the impairment appears to substantially limit a number of his major life activities (e.g., interacting with others and concentrating)
Accommodation Example #2: Anxiety Disorder
Sue works in a large room with co-workers performing statistical analysis. Lately, Sue’s productivity has declined, and she has snapped at her co-workers. When you speak to Sue, she tells you that she has been diagnosed with an anxiety disorder that may last indefinitely and that causes her mind to wander when she is distracted. Sue says she likes her work, but can’t do it unless she is moved to a quieter environment.
You are hesitant to do this because you know that Sue’s co-workers will view this as preferential treatment.
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Has Sue made an accommodation request?
Is Sue disabled?
Do you need to move Sue even though her co-workers may complain?
Answer: Probably yes to all three questions, Hamilton says.
- Sue’s anxiety disorder is long-term and substantially limits a major life activity, i.e., concentration
- A quieter work environment is a reasonable accommodation
- Reactions of co-workers are not grounds to deny accommodation
‘Why does she get special treatment?’
Other employees will certainly ask why the employee in question is getting special treatment, says Hamilton, but you may not disclose the reason.
You can say, “We have done this for reasons that are not your concern. We treat all employees according to law and policies.”
ADA accommodation—never an easy job, but hardly the only challenging task sitting on your desk! Fortunately, there is a good way to make a lot of HR jobs easier—clearly-written policies. Actually, our editors estimate that for most companies, there are 50 or so policies that need regular updating (or maybe need to be written). It’s easy to let it slide, but you can’t afford to—your policies are your only hope for consistent and compliant management that avoids lawsuits.
Fortunately, BLR’s editors have done most of the work for you in their extraordinary program called SmartPolicies.
Don’t struggle with creating compliant HR policies! We’ve already written them for you, and at less than $1 each. Plus, for a limited time receive a bonus special report. Click Here.
SmartPolicies’ expert authors have already worked through the critical issues on some 100 policy topics and have prewritten the policies for you.
In all, SmartPolicies contains some 350 policies, arranged alphabetically from absenteeism and blogging to cell phone safety, EEO, voice mail, and workers’ compensation. What’s more, the CD format makes these policies easily customizable. Just add your company specifics or use as is.
Just as important, as regulations and court decisions clarify your responsibilities on workplace issues, the policies are updated—or new ones are added—as needed, every quarter, as a standard part of the program.
SmartPolicies is available to HR Daily Advisor subscribers on a 30-day evaluation basis at no cost or risk … even for return postage. If you’d like to have a look at it, let us know, and we’ll be happy to arrange it.