HR Management & Compliance

ADA Bipolar—Medication Side Effects Must Be Accommodated

Yesterday’s Advisor offered symptoms of bipolar disorder and how they play out in the workplace; today, bipolar medication side effects, plus an introduction to the updated guide that gives practical advice for dealing with all manner of ADA challenges.

Medications for Treating Bipolar Disorder

It is often challenging to find the right combination of medications and the right dosages, says expert Tom Wootton. Typical medications include:

  • Mood Stabilizers
  • Antipsychotics
  • Combination of both

Wootton, CEO of Bipolar Advantage, whose remarks came in a recent BLR-sponsored webinar, was joined by Maureen Duffy, PhD, a practicing family therapist, consultant, educator, and author, and Susan G. Fentin, Esq., a partner at Skoler, Abbott & Presser, P.C.

Medication Side Effects

Unfortunately, most of the effective medications have significant side effects, Wootton says.

Lithium:

  • Loss of coordination
  • Excessive thirst
  • Frequent urination
  • Blackouts
  • Seizures
  • Slurred speech
  • Fast, slow, irregular, or pounding heartbeat
  • Hallucinations (seeing things or hearing voices that do not exist)
  • Changes in vision
  • Itching, rash
  • Swelling of the eyes, face, lips, tongue, throat, hands, feet, ankles, or lower legs
  • Need to check regularly for kidney and thyroid blood levels

(National Institute of Mental Health)

Anticonvulsants

  • Changes in weight
  • Nausea
  • Stomach pain
  • Vomiting
  • Anorexia
  • Loss of appetite
  • Rash, some that can be extremely serious

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Antipsychotics

  • Weight gain
  • Drowsiness
  • Dizziness when changing positions
  • Blurred vision
  • Rapid heartbeat
  • Sensitivity to the sun
  • Skin rashes
  • Menstrual problems for women
  • Changes related to physical movement that can become permanent after long term use (rigidity, tremors, spasms, restlessness)

(National Institute of Mental Health)

If the medication brings about these symptoms, you have to consider accommodation, says Fentin.

Psychoeducation

  • Learning about bipolar disorder and its effects
  • Learning to recognize the early warning signs of mania and depression in oneself

Psychotherapy

  • Understanding one’s feelings, emotions, and thinking
  • Learning to manage frustration and setbacks
  • Setting goals, including work and career goals
  • Developing personal life plans and monitoring them

Peer Coaching

Wootton’s Bipolar Advantage Program is one such offering.

What Laws Apply to Managing Employees with Bipolar Disorder?

Fentin noted the following laws that may come into play when dealing with people suffering from bipolar disorder.

  • ADAAA—Americans with Disabilities Act Amendments Act
  • Applicable Equal Employment Opportunity Commission (EEOC) regulations
  • Family and Medical Leave Act (FMLA), if eligible
  • State and local laws against disability discrimination

Bipolar Disorder Clearly Is Disability

Bipolar disorder is clearly a disability, says Fentin. Remember that it is evaluated without considering the effects of any medications. Your obligations to the employee include:

  • No discrimination or harassment
  • Reasonable accommodation, including an interactive dialogue to determine what accommodations might be possible

Distinguishing Bipolar Disorder from Nondisabling Conditions

Bipolar disorder is not:

  • Short‐term sadness brought on by an event (death, breakup) that is expected to lift with time
  • Temporary anxiety over change in circumstances (car accident, new supervisor)

Bipolar disorder is far more serious and longer lasting than these. Unfortunately, bipolar disorder is typical of ADA challenges. Complying with the ADA can be confusing and difficult for even the most savvy HR practitioner. Fortunately there’s ADA Compliance 2013. This manual provides detailed answers to some of the most complicated issues that HR practitioners face.
You’ll get plain-English answers to your thorniest ADA compliance questions, including:

  • If you determine that an employee is actually disabled, to what lengths must you go to reasonably accommodate?
  • What’s an “undue hardship”?
  • How should you alter your workplace policies in light of the new ADA Amendments Act?

Don’t let your organization become the next EEOC target. Learn how to comply with the latest rules and regulations with the ADA Compliance 2013. It’s your at-a-glance reference for making smart, defensible decisions on these topics and more:

  • Reasonable accommodations
  • Essential job functions
  • Medical inquires
  • Adjusting policies to comply with new legislation and Department of Labor (DOL) regulations

BONUS: When you make this comprehensive plain-English guide to overcoming hundreds of policy and administration hurdles (using real-world examples) an important part of your reference library, you’ll also get:

  • A quarterly newsletter. This contains all the information you’ll need to know about latest changes.
  • An annual update. To make sure your ADA Compliance: Practical Solutions for HR remains current with changing interpretations and court decisions, we monitor courts, Congress, and state legislatures. Each year, we’ll rush you an updated edition and bill on a 30-day review basis. You pay only if you decide to keep the updated edition.

Order or get more information
See brochure


Reasonable Accommodation? Reasonable or not, employers have to comply with the ADA. Unfortunately, it’s rarely easy. That’s where ADA Compliance 2013 comes in. Practical guidance for managing every step and nuance of the very tricky law. Order or get more information


ADA Compliance 2013—Abbreviated Table of Contents

  • Overview of ADA requirements
    • Who Is protected by the ADA
    • What the ADA requires and prohibits
    • Changes made by the ADA Amendments Act and its new final regulations
  • To whom does the ADA apply?
  • The meaning of “disabled”
    • Actual disability
    • Physical or mental impairment
    • Conditions and characteristics that aren’t impairments
    • Pregnancy-related impairments under the ADAAA and regulations
    • Major life activities
    • Major bodily functions
    • Substantial limitation
    • Nine rules of construction under the new ADAAA final regulations
    • Mitigating measures
    • Impairments that are episodic or in remission
    • Impairments that will “virtually always” be considered disabilities
    • Record of a disability
    • Regarded as disabled
  • Determining if an individual Is “qualified”
  • Providing reasonable accommodations
    • What a reasonable accommodation is (and isn’t)
    • Leaves of absence or modification of work schedules
    • Reasonable modifications to work environment or other circumstances
    • Providing aid to employees in performing their job duties
    • Job restructuring or reassignment
  • Hiring issues
    • Preoffer
    • Medical examinations, aptitude tests, and demonstrations
    • Drug testing
    • Postoffer questions and medical exams
  • The interaction of ADA, FMLA, workers’ compensation, and USERRA
  • Terminating employees without violating the ADA
  • Special issues on the ADA
      • Mental disabilities
      • Impairments that substantially limit a major life activity
      • Special concerns regarding mental disabilities
      • Reasonable accommodations
      • Addressing misconduct that may be caused by disability
      • Regarding mentally impaired employee as disabled
      • Drug abuse
      • Persons associated with disabled persons

Order or get more information
See brochure

1 thought on “ADA Bipolar—Medication Side Effects Must Be Accommodated”

  1. Just out of common curtsy, I tried to provide a list of side effects associated with pain medication I was prescribed. My department manager informed me that he was not a doctor. My response was that was obvious. To make a long story short, HR informed me that (you guessed it) they were not doctors and, if I was experiencing difficulties with the medication, I should discuss that with the doctor.

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